(b) Has been identified in the guidelines of the
regional planning commission as a project which will result in the creation of
significant new geothermal or mining operations;

(c) Has been identified in the guidelines of the
regional planning commission as a project which will have a significant effect
on the natural resources, public services, public facilities , including, without limitation,
schools, or the adopted regional form of the region; or

(d) Will require a change in zoning, a special use
permit, an amendment to a master plan, a tentative map or other approval for
the use of land which, if approved, will have an effect on the region of
increasing:

(1) Employment by not less than 938 employees;

(2) Housing by not less than 625 units;

(3) Hotel accommodations by not less than 625
rooms;

(4) Sewage by not less than 187,500 gallons per
day;

(5) Water usage by not less than 625 acre feet
per year; or

(6) Traffic by not less than an average of 6,250
trips daily.

Κ The term
does not include any project for which a request for an amendment to a master
plan, a change in zoning, a tentative map or a special use permit has been
approved by the local planning commission before June 17, 1989.

6. Project of regional significance, with respect to
a project proposed by a utility, includes:

7. Sphere of influence means an area into which a
city plans to expand as designated in the comprehensive regional plan within
the time designated in the comprehensive regional plan.

Sec. 14. (Deleted by amendment.)

Sec. 15. NRS 278.0265 is hereby amended to
read as follows:

278.0265 The governing board:

1. Shall adopt such regulations as are necessary to
carry out its specific powers and duties.

2. Shall prescribe an appropriate course of at least
12 hours of training in land use planning for the members of the regional
planning commission. The course of training must include, without limitation,
training relating to:

(a) State statutes and regulations and local
ordinances, resolutions and regulations concerning land use planning; and

(b) The provisions of chapter 241 of NRS.

3. May establish and collect reasonable fees for the
provision of any service that is authorized pursuant to the provisions of NRS 278.026
to 278.029, inclusive[.] , and sections 6 and 6.5 of this act.

4. May enter into an agreement pursuant to NRS 277.045
or 277.080 to 277.180, inclusive, for a purpose that is consistent with the
provisions of NRS 278.026 to 278.029, inclusive[.] , and sections 6 and 6.5 of this act.

Sec. 16. NRS 278.0274 is hereby amended to
read as follows:

278.0274 The comprehensive regional plan must include
goals, policies, maps and other documents relating to:

1. Population, including a projection of population
growth in the region and the resources that will be necessary to support that
population.

2. Conservation, including policies relating to the
use and protection of air, land, water and other natural resources, ambient air
quality, natural recharge areas, floodplains and wetlands, and a map showing
the areas that are best suited for development based on those policies.

3. The limitation of the premature expansion of
development into undeveloped areas, preservation of neighborhoods and
revitalization of urban areas, including, without limitation, policies that
relate to the interspersion of new housing and businesses in established
neighborhoods and set forth principles by which growth will be directed to
older urban areas.

4. Land use and
transportation, including the classification of future land uses by density or
intensity of development based upon the projected necessity and availability of
public facilities , including,
without limitation, schools, and services and natural resources,
and the compatibility of development in one area with that of other areas in
the region. This portion of the plan must [allow]:

(c) Describe
the transportation facilities that will be necessary to satisfy
the requirements created by those future uses ; and [must be]

(d) Be
based upon the policies and map relating to conservation that are developed
pursuant to subsection 2, surveys, studies and data relating to the area, the
amount of land required to accommodate planned growth, the population of the
area projected pursuant to subsection 1, and the characteristics of undeveloped
land in the area.

5. Public facilities and services, including
provisions relating to sanitary sewer facilities, solid waste, flood control,
potable water and ground-water aquifer recharge which are correlated with
principles and guidelines for future land uses, and which specify ways to
satisfy the requirements created by those future uses. This portion of the plan
must:

(a) Describe the problems and needs of the area
relating to public facilities and services and the general facilities that will
be required for their solution and satisfaction;

(b) Identify the providers of public services within
the region and the area within which each must serve, including service
territories set by the Public Utilities Commission of Nevada for public
utilities;

(c) Establish the time within which those public
facilities and services necessary to support the development relating to land use
and transportation must be made available to satisfy the requirements created
by that development; and

(1) Are required to be prepared by each local
government in the region pursuant to NRS 278.0226; and

(2) May be prepared by the water planning
commission of the county, the regional transportation commission and the county
school district.

6. Annexation, including the identification of spheres
of influence for each unit of local government, improvement district or other
service district and specifying standards and policies for changing the
boundaries of a sphere of influence and procedures for
the review of development within each sphere of influence.

of influence and procedures for the review of development
within each sphere of influence. As used in this subsection, sphere of
influence means an area into which a political subdivision may expand in the
foreseeable future.

7. Intergovernmental coordination, including the
establishment of guidelines for determining whether local master plans and
facilities plans conform with the comprehensive regional plan.

8. Any utility project required to be reported
pursuant to NRS 278.145.

Sec. 17. (Deleted by amendment.)

Sec. 18. NRS 278.160 is hereby amended to
read as follows:

278.160 1. Except as otherwise provided in subsection
4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the
accompanying charts, drawings, diagrams, schedules and reports, may include
such of the following subject matter or portions thereof as are appropriate to
the city, county or region, and as may be made the basis for the physical
development thereof:

(a) Community design. Standards and principles governing
the subdivision of land and suggestive patterns for community design and
development.

(b) Conservation plan. For the conservation,
development and utilization of natural resources, including, without
limitation, water and its hydraulic force, underground water, water supply,
forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals
and other natural resources. The plan must also cover the reclamation of land
and waters, flood control, prevention and control of the pollution of streams
and other waters, regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan, prevention,
control and correction of the erosion of soils through proper clearing, grading
and landscaping, beaches and shores, and protection of watersheds. The plan
must also indicate the maximum tolerable level of air pollution.

(c) Economic plan. Showing recommended schedules for
the allocation and expenditure of public money in order to provide for the economical
and timely execution of the various components of the plan.

(d) Historical properties preservation plan. An
inventory of significant historical, archaeological and architectural
properties as defined by a city, county or region, and a statement of methods
to encourage the preservation of those properties.

(e) Housing plan. The housing plan must include,
without limitation:

(1) An inventory of housing conditions, needs
and plans and procedures for improving housing standards and for providing adequate
housing.

(2) An inventory of affordable housing in the
community.

(3) An analysis of the demographic
characteristics of the community.

(4) A determination of the present and
prospective need for affordable housing in the community.

(5) An analysis of any impediments to the
development of affordable housing and the development of policies to mitigate
those impediments.

(6) An analysis of the characteristics of the
land that is the most appropriate for the construction of affordable housing.

(7) An analysis of the needs and appropriate
methods for the construction of affordable housing or the conversion or
rehabilitation of existing housing to affordable housing.

(8) A plan for maintaining and developing
affordable housing to meet the housing needs of the community.

(f) Land use plan. An
inventory and classification of types of natural land and of existing land
cover and uses, and comprehensive plans for the most desirable utilization of
land. The land use plan [may]:

(2)May include a provision concerning the
acquisition and use of land that is under federal management within the city,
county or region, including, without limitation, a plan or statement of policy
prepared pursuant to NRS 321.7355.

(g) Population plan. An estimate of the total
population which the natural resources of the city, county or region will
support on a continuing basis without unreasonable impairment.

(h) Public buildings. Showing locations and arrangement
of civic centers and all other public buildings, including the architecture
thereof and the landscape treatment of the grounds thereof.

(i) Public services and facilities. Showing general
plans for sewage, drainage and utilities, and rights-of-way, easements and
facilities therefor, including, without limitation, any utility projects
required to be reported pursuant to NRS 278.145.

(k) Rural neighborhoods preservation plan. In any
county whose population is 400,000 or more, showing general plans to preserve
the character and density of rural neighborhoods.

(l) Safety plan. In any county whose population is
400,000 or more, identifying potential types of natural and man-made hazards,
including, without limitation, hazards from floods, landslides or fires, or
resulting from the manufacture, storage, transfer or use of bulk quantities of
hazardous materials. The plan may set forth policies for avoiding or minimizing
the risks from those hazards.

(m) School facilities plan. Showing the general
locations of current and future school facilities based upon information
furnished by the appropriate local school district.

(n) Seismic safety plan. Consisting of an
identification and appraisal of seismic hazards such as susceptibility to
surface ruptures from faulting, to ground shaking or to ground failures.

(p) Streets and highways plan. Showing the general
locations and widths of a comprehensive system of major traffic thoroughfares
and other traffic ways and of streets and the recommended treatment thereof,
building line setbacks, and a system of naming or numbering streets and
numbering houses, with recommendations concerning proposed changes.

(r) Transportation plan. Showing a comprehensive transportation
system, including, without limitation, locations of rights-of-way, terminals,
viaducts and grade separations. The plan may also include port, harbor,
aviation and related facilities.

2. The commission may prepare and adopt, as part of
the master plan, other and additional plans and reports dealing with such other
subjects as may in its judgment relate to the physical development of the city,
county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, and sections 1.5, 6 and 6.5 of this act prohibits
the preparation and adoption of any such subject as a part of the master plan.

Sec. 18.5. NRS 278.210 is hereby amended to read as
follows:

278.2101. Before adopting the master plan or
any part of it in accordance with NRS 278.170, or any substantial amendment
thereof, the commission shall hold at least one public hearing thereon, notice
of the time and place of which must be given at least by one publication in a
newspaper of general circulation in the city or county, or in the case of a
regional planning commission, by one publication in a newspaper in each county
within the regional district, at least 10 days before the day of the hearing.

2.Before a public hearing may be held
pursuant to subsection 1 in a county whose population is 100,000 or more on an
amendment to a master plan, including, without limitation, a gaming enterprise
district, if applicable, the person who requested the proposed amendment must
hold a neighborhood meeting to provide an explanation of the proposed
amendment. Notice of such a meeting must be given by the person requesting the
proposed amendment to:

(a) Each
owner, as listed on the county assessors records, of real property located
within a radius of 750 feet of the area to which the proposed amendment
pertains;

(b) The
owner, as listed on the county assessors records, of each of the 30 separately
owned parcels nearest to the area to which the proposed amendment pertains, to
the extent this notice does not duplicate the notice given pursuant to
paragraph (a); and

(c) Each
tenant of a mobile home park if that park is located within a radius of 750
feet of the area to which the proposed amendment pertains.

Κ The notice
must be sent by mail at least 10 days before the neighborhood meeting and
include the date, time, place and purpose of the neighborhood meeting.

3. The adoption of the
master plan, or of any amendment, extension or addition thereof, must be by
resolution of the commission carried by the affirmative votes of not less than
two-thirds of the total membership of the commission. The resolution must refer
expressly to the maps, descriptive matter and other matter intended by the
commission to constitute the plan or any amendment, addition or extension
thereof, and the action taken must be recorded on the map and plan and
descriptive matter by the identifying signatures of the secretary and chairman
of the commission.

[3.] 4.No
plan or map, hereafter, may have indicated thereon that it is a part of the
master plan until it has been adopted as part of the master plan by the
commission as herein provided for the adoption thereof, whenever changed
conditions or further studies by the commission require such amendments,
extension or addition.

[4.] 5.Except
as otherwise provided in this subsection, the commission shall not amend the
land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land
use plan, more than four times in a calendar year.

of subsection 1 of NRS 278.160, or any portion of such a land
use plan, more than four times in a calendar year. The provisions of this
subsection do not apply to a change in the land use designated for a particular
area if the change does not affect more than 25 percent of the area.

[5.] 6. An attested copy of any part, amendment,
extension of or addition to the master plan adopted by the planning commission
of any city, county or region in accordance with NRS 278.170 must be certified
to the governing body of the city, county or region. The governing body of the
city, county or region may authorize such certification by electronic means.

[6.] 7. An attested copy of any part, amendment,
extension of or addition to the master plan adopted by any regional planning
commission must be certified to the county planning commission and to the board
of county commissioners of each county within the regional district. The county
planning commission and board of county commissioners may authorize such
certification by electronic means.

Sec. 19. NRS 278.250 is hereby amended to
read as follows:

278.250 1. For the purposes of NRS 278.010 to
278.630, inclusive, and sections
1.5, 6 and 6.5 of this act, the governing body may divide the
city, county or region into zoning districts of such number, shape and area as
are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive[.], and sections 1.5, 6 and 6.5 of this
act. Within the zoning district it may regulate and restrict the
erection, construction, reconstruction, alteration, repair or use of buildings,
structures or land.

2. The zoning regulations must be adopted in
accordance with the master plan for land use and be designed:

(a) To preserve the quality of air and water resources.

(b) To promote the conservation of open space and the
protection of other natural and scenic resources from unreasonable impairment.

(c) To
consider existing views and access to solar resources by studying the height of
new buildings which will cast shadows on surrounding residential and commercial
developments.

(d)To reduce the consumption of energy by encouraging the use
of products and materials which maximize energy efficiency in the construction
of buildings.

(e) To provide for recreational needs.

[(d)](f) To protect life and property in areas
subject to floods, landslides and other natural disasters.

[(e)] (g) To conform to the adopted population
plan, if required by NRS 278.170.

[(f)] (h) To develop a timely, orderly and
efficient arrangement of transportation and public facilities and services,
including public access and
sidewalks for pedestrians, and facilities and services for
bicycles.

[(g)] (i) To ensure that the development on land is
commensurate with the character and the physical limitations of the land.

[(h)] (j) To take into account the immediate and
long range financial impact of the application of particular land to particular
kinds of development, and the relative suitability of the land for development.

[(i)] (k) To promote health and the general
welfare.

[(j)] (l) To ensure the development of an adequate
supply of housing for the community, including the development of affordable
housing.

[(k)] (m) To ensure the protection of existing
neighborhoods and communities, including the protection of rural preservation
neighborhoods.

3. The zoning regulations must be adopted with
reasonable consideration, among other things, to the character of the area and
its peculiar suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land throughout
the city, county or region.

4. In exercising the powers granted in this section,
the governing body may use any controls relating to land use or principles of
zoning that the governing body determines to be appropriate, including, without
limitation, density bonuses, inclusionary zoning and minimum density zoning.

5. As used in this section:

(a) Density bonus means an incentive granted by a
governing body to a developer of real property that authorizes the developer to
build at a greater density than would otherwise be allowed under the master
plan, in exchange for an agreement by the developer to perform certain
functions that the governing body determines to be socially desirable,
including, without limitation, developing an area to include a certain
proportion of affordable housing.

(b) Inclusionary zoning means a type of zoning
pursuant to which a governing body requires or provides incentives to a
developer who builds residential dwellings to build a certain percentage of
those dwellings as affordable housing.

(c) Minimum density zoning means a type of zoning
pursuant to which development must be carried out at or above a certain density
to maintain conformance with the master plan.

Secs. 20-29. (Deleted by amendment.)

Sec. 30. Section 8.010 of the Charter of the City
of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1420, is
hereby amended to read as follows:

Sec. 8.010 Legislative declaration. The Legislature
by the inclusion of this article in this Charter declares that:

1. All of the property which is to be acquired by the
City pursuant to this article must be owned, operated, administered and
maintained for and on behalf of all of the people of the City.

2. The exercise by the City of the purposes, powers,
rights, privileges, immunities and duties which are established, granted,
conferred and imposed in this article promotes the public health, safety,
prosperity, security, comfort, convenience and general welfare of all of the
people of the State and will be of special benefit to the inhabitants of the
City and the property within the City.

3. The provisions in this article which involve the
purposes, powers, rights, privileges, immunities, liabilities, duties and
disabilities with respect to the City will serve a public purpose.

4. The necessity for this article results from:

(a) The large population growth in the urban areas
which are included within the City and its environs, which constitutes in the
aggregate a significant portion of the States population;

(b) The numerous capital improvements and large amount
of improved real property which is situate within the urban areas;

(c) The need for capital improvements within certain
areas within the City to provide needed services, facilities and other
improvements for public use;

(d) The existence of blighted or deteriorating areas
within the City which constitutes a serious and growing menace which is
condemned as injurious and inimical to the public health, safety and general
welfare of the people of the State, and particularly of the City;

(e) The lack of municipally owned capital improvements
and the blighted or deteriorating areas which present difficulties and
handicaps beyond remedy and control solely by the regulatory processes in the
exercise of the police power;

(f) Deficiencies which contribute substantially and
increasingly to the problems of, and necessitate excessive and disproportionate
expenditures for, crime prevention and the preservation of the public health,
safety and general welfare;

(g) Deficiencies which also constitute an economic and
social liability which imposes onerous municipal burdens which decrease the tax
base and reduce tax revenues, aggravate traffic hazards and the improvement of
the traffic facilities; and

(h) The fact that the areas in which these deficiencies
exist consume an excessive proportion of the Citys revenues because of the
extra services which are required for police, fire, accident, hospitalization
and other forms of public protection.

5. The menace which results from the foregoing factors
is becoming increasingly direct and substantial in its significance and effect.

6. The benefits which the City will derive from the
remedying of these deficiencies by making available additional revenues to
defray indirectly the costs of undertakings within the City which are
authorized by NRS 268.672 to 268.740, inclusive, the development of mixed-use and transit-oriented
communities, and the redevelopment of blighted or deteriorating
areas within the City will inure to the inhabitants and the property owners of
the City as a whole, will be of general benefit to those people and will be of
special benefit to the taxable real property within a tax increment area and to
the owners of that property.

7. The method of paying the bond requirements of the
securities which are issued pursuant to this article is equitable and enables
the City to issue securities to defray the cost of any project.

8. A general law cannot be made applicable to the City
or to the properties, powers, rights, privileges, immunities, liabilities,
duties and disabilities which pertain to the City, as provided in this article,
because of the number of atypical factors and special conditions with respect
to them.

9. For the accomplishment of the purposes which are
provided in this section, each of the provisions of this article must be
broadly construed.

Sec. 31. Section 8.110 of the Charter of the City
of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter
639, Statutes of Nevada 1985, at page 2087, is hereby amended to read as
follows:

Sec. 8.110 Undertaking defined. Undertaking means
any enterprise to acquire, develop,
improve or equip, or any combination thereof, any project which
is authorized in NRS 268.672 to 268.740, inclusive, which is a mixed-use or transit-oriented community, or which could be undertaken by a redevelopment agency pursuant
to NRS 279.382 to 279.680, inclusive, and to defray the cost of that
enterprise, wholly or in part, by the issuance of the Citys bonds or other
securities which are payable, wholly or in part, from tax proceeds which are
allocated to any Tax Increment Account that pertains to the enterprise pursuant
to section 8.230 of this Charter.

which could be undertaken by a redevelopment agency pursuant to
NRS 279.382 to 279.680, inclusive, and to defray the cost of that enterprise,
wholly or in part, by the issuance of the Citys bonds or other securities
which are payable, wholly or in part, from tax proceeds which are allocated to any
Tax Increment Account that pertains to the enterprise pursuant to section 8.230
of this Charter.

Sec. 32. Section 7A.010 of the Charter of the
City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page
1850, is hereby amended to read as follows:

Sec. 7A.010 Legislative declaration. The Legislature
by the inclusion of this article in this Charter declares that:

1. All of the property which is to be acquired by the
city pursuant to this article must be owned, operated, administered and
maintained for and on behalf of all of the people of the City.

2. The exercise by the City of the purposes, powers,
rights, privileges, immunities and duties which are established, granted,
conferred and imposed in this article promotes the public health, safety,
prosperity, security, comfort, convenience and general welfare of all of the
people of the State and will be of special benefit to the inhabitants of the
City and the property within the City.

3. The provisions in this article which involve the
purposes, powers, rights, privileges, immunities, liabilities, duties and
disabilities with respect to the City will serve a public purpose.

4. The necessity for this article results from:

(a) The large population growth in the urban areas
which are included within the City and its environs, which constitutes in the
aggregate a significant portion of the States population;

(b) The numerous capital improvements and large amount
of improved real property which is situate within the urban areas;

(c) The need for capital improvements within certain
areas within the City to provide needed services, facilities and other
improvements for public use;

(d) The existence of blighted or deteriorating areas
within the City which constitutes a serious and growing menace which is
condemned as injurious and inimical to the public health, safety and general
welfare of the people of the State, and particularly of the City;

(e) The lack of municipally owned capital improvements
and the blighted or deteriorating areas which present difficulties and
handicaps beyond remedy and control solely by the regulatory processes in the
exercise of the police power; and

(f) Deficiencies which also constitute an economic and
social liability which imposes onerous municipal burdens which decrease the tax
base and reduce tax revenues, aggravate traffic hazards and the improvement of
the traffic facilities.

5. The menace which results from the foregoing factors
is becoming increasingly direct and substantial in its significance and effect.

6. The benefits which the City will derive from the
remedying of these deficiencies by making available additional revenues to
defray indirectly the costs of undertakings within the City which are
authorized by NRS 268.672 to 268.740, inclusive, the development of mixed-use and transit-oriented
communities, and the redevelopment of
blighted or deteriorating areas within the City will inure to the inhabitants
and the property owners of the City as a whole, will be of general benefit to
those people and will be of special benefit to the taxable real property within
a tax increment area and to the owners of that property.

of blighted or deteriorating areas within the City will inure
to the inhabitants and the property owners of the City as a whole, will be of
general benefit to those people and will be of special benefit to the taxable
real property within a tax increment area and to the owners of that property.

7. The method of paying the bond requirements of the
securities which are issued pursuant to this article is equitable and enables
the City to issue securities to defray the cost of any project.

8. A general law cannot be made applicable to the City
or to the properties, powers, rights, privileges, immunities, liabilities,
duties and disabilities which pertain to the City, as provided in this article,
because of the number of atypical factors and special conditions with respect
to them.

9. For the accomplishment of the purposes which are
provided in this section, each of the provisions of this article must be
broadly construed.

Sec. 33. Section 7A.110 of the Charter of the
City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page
1853, is hereby amended to read as follows:

Sec. 7A.110 Undertaking defined. Undertaking means any
enterprise to acquire, develop, improve
or equip ,[(]
or any combination thereof , [)]
any project which is authorized in NRS 268.672 to 268.740, inclusive, or which is a mixed-use or
transit-oriented community, and to defray the cost of that
enterprise, wholly or in part, by the issuance of the Citys bonds or other
securities which are payable, wholly or in part, from tax proceeds which are
allocated to any tax increment account that pertains to the enterprise pursuant
to section 7A.230 of this Charter.

Sec. 34. Section 7A.120 of the Charter of the
City of Reno, being chapter 460, Statutes of Nevada 1979, at page 862, is
hereby amended to read as follows:

Sec. 7A.120 Undertaking defined. Undertaking
means any enterprise to acquire,
develop, improve or equip ,[(]or any combination
thereof , [)]
any project or projects authorized in the City Bond Law or which is a mixed-use or transit-oriented community, and
to defray the cost of such enterprise wholly or in part by the issuance of the
Citys bonds or other securities payable wholly or in part from tax proceeds
allocated to the Tax Increment Account pertaining to such enterprise pursuant
to section 7A.190.

________

CHAPTER 405, AB 437

Assembly Bill No. 437Committee on Commerce and Labor

CHAPTER 405

AN ACT relating to
manufactured home parks; revising provisions governing the rights and
obligations of landlords and tenants of manufactured home parks; revising
provisions governing the obligations of a landlord before the closure of a
manufactured home park in certain situations; revising provisions governing the
membership of the board of directors or trustees of certain mobile home parks;
revising provisions governing regulations for the issuance and renewal of a limited dealers license
for mobile and manufactured homes; and providing other matters properly
relating thereto.

issuance and
renewal of a limited dealers license for mobile and manufactured homes; and
providing other matters properly relating thereto.

[Approved: June 14, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
118B of NRS is hereby amended by adding thereto a new section to read as
follows:

If a landlord bills a tenant individually for utility
charges derived from a utility bill for the manufactured home park which
represents utility usage for multiple tenants, the landlord shall post in a conspicuous and readily
accessible place in the community or recreational facility in the manufactured
home park or othercommon
area in the manufactured home park, or provide to each tenant who is
individually billed for the utility charges:

1. A copy of the utility bill for the park; and

2. A statement
indicating the portion of the utility bill for which each tenant is
responsible.

Sec. 2. NRS 118B.070 is hereby amended to
read as follows:

118B.070 1. The landlord shall [provide:] deliver to:

(a) Each new tenant [with]
a copy of the current text of the provisions of this chapter with the rental
agreement at the time the tenant signs the agreement.

(b) Each tenant [with]
a copy of each provision of this chapter which is added, amended or repealed
within [90]180 days after the [provisions become]provision becomes effective.

2. When the landlord provides a tenant with a copy of
any [of the provisions]provision of this chapter pursuant to
subsection 1, the copy must contain a legible and typewritten statement that
contains the following contact information regarding the Division in
substantially the following form:

TENANTS OF
MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED
STATUTES

To obtain information regarding your rights as a tenant
under Nevada Revised Statutes, you may contact the Manufactured Housing
Division of the Department of Business and Industry as follows:

118B.110 1. The landlord shall meet with a
representative group of tenants occupying the park, chosen by the tenants, to
hear any complaints or suggestions which concern a matter relevant to the park
within 45 days after he receives a written request to do so which has been
signed by persons occupying at least 25 percent of the lots in the park. The 25
percent must be calculated on the basis of one signature per occupied lot. The
meeting must be held at a time and place which is convenient to the landlord
and the tenants. The representative group of tenants must consist of no more
than five persons.

2. At least 10 days before any meeting is held
pursuant to this section , the
landlord or his agent shall post a notice of the meeting in a conspicuous place
in a common area of the park.

3. If the landlord is [not
a natural person, the landlord shall appoint a natural person, not the manager
or assistant manager, who possesses a financial interest in the manufactured
home park to]
a:

(a) Sole
proprietorship, the owner or an authorized agent or representative designated
by the owner who has working knowledge of the operations of the park and
authority to make decisions shall meet with the tenants.

(b) Partnership,
a partner who has working knowledge of the operations of the park and authority
to make decisions shall meet with the tenants.

(c) Corporation,
an officer designated by the corporation who has working knowledge of the
operations of the park and authority to make decisions shall meet with the
tenants.

4. If an attorney for the landlord attends a meeting
held pursuant to this section, the landlord shall not prohibit the group of
tenants from being represented by an attorney at that meeting.

5. If the landlord of a manufactured home park is a
cooperative association or a corporation for public benefit, the landlord shall
provide a notice of the meeting to the Administrator and the Administrator or
his representative shall attend the meeting.

6. As used in this section:

(a) Cooperative association means an association
formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.

(b) Corporation for public benefit has the meaning
ascribed to it in NRS 82.021.

Sec. 4. NRS 118B.120 is hereby amended to
read as follows:

118B.120 1. The landlord or his agent or employee
may:

(a) Require that the tenant landscape and maintain the
tenants lot if the landlord advises the tenant in writing of reasonable
requirements for the landscaping.

(b) If the tenant does not comply with the provisions
of paragraph (a), maintain the tenants lot and charge the tenant a service fee
for the actual cost of that maintenance.

(c) Require that the manufactured home be removed from
the park if it is unoccupied for more than 90 consecutive days and the tenant
or dealer is not making good faith and diligent efforts to sell it.

2. The landlord shall maintain, in the manner required
for the other tenants, any lot on which is located a manufactured home within
the park which has been repossessed, abandoned or held for rent or taxes. The
landlord is entitled to reimbursement for the cost of that maintenance from the
repossessor or lienholder or from the proceeds of any sale for taxes, as the
case may be.

3. The landlord shall trim all the trees located
within the park and dispose of the trimmings from those trees absent a written voluntary
assumption of that duty by the tenant for trees on the tenants lot.

4. For the purposes of this section, a manufactured
home shall be deemed to be abandoned if:

(a) It is located on a lot in a manufactured home park,
other than a cooperative park, for which no rent has been paid for at least 60
days;

(b) It is unoccupied; and

(c) The manager of the manufactured home park reasonably
believes it to be abandoned.

Sec. 5. NRS 118B.150 is hereby amended to
read as follows:

118B.150 1. Except as otherwise provided in
subsections 2 and 3, the landlord or his agent or employee shall not:

(a) Increase rent or additional charges unless:

(1) The rent charged after the increase is the
same rent charged for manufactured homes of the same size or lots of the same
size or of a similar location within the park, including, without limitation,
manufactured homes and lots which are held pursuant to a long-term lease,
except that a discount may be selectively given to persons who:

(I) Are handicapped;

(II) Are 55 years of age or older;

(III) Are long-term tenants of the park if
the landlord has specified in the rental agreement or lease the period of
tenancy required to qualify for such a discount;

(IV) Pay their rent in a timely manner; or

(V) Pay their rent by check, money order
or electronic means;

(2) Any increase in additional charges for
special services is the same amount for each tenant using the special service;
and

(3) Written notice advising a tenant of the
increase is received by the tenant 90 days before the first payment to be
increased and written notice of the increase is given to prospective tenants
before commencement of their tenancy. In addition to the notice provided to a
tenant pursuant to this subparagraph, if the landlord or his agent or employee
knows or reasonably should know that the tenant receives assistance from the
Fund created pursuant to NRS 118B.215, the landlord or his agent or employee
shall provide to the Administrator written notice of the increase 90 days
before the first payment to be increased.

(b) Require a tenant to pay for an improvement to the
common area of a manufactured home park unless the landlord is required to make
the improvement pursuant to an ordinance of a local government.

(c) Require a tenant to pay for a capital improvement
to the manufactured home park unless the tenant has notice of the requirement
at the time he enters into the rental agreement. A tenant may not be required
to pay for a capital improvement after the tenant enters into the rental
agreement unless the tenant consents to it in writing or is given 60 days
notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss
the proposal and the landlord provides each tenant with notice of the proposal
and the date, time and place of the meeting not less than 60 days before the
meeting.

requirement unless a meeting of the tenants is held to
discuss the proposal and the landlord provides each tenant with notice of the
proposal and the date, time and place of the meeting not less than 60 days
before the meeting. The notice must include a copy of the proposal. A notice in
a periodic publication of the park does not constitute notice for the purposes
of this paragraph.

(d) Require a tenant to pay his rent by check or money
order.

(e) Require a tenant who pays his rent in cash to apply
any change to which he is entitled to the next periodic payment that is due.
The landlord or his agent or employee shall have an adequate amount of money
available to provide change to such a tenant.

(f) Prohibit or require fees or deposits for any
meetings held in the parks community or recreational facility by the tenants
or occupants of any manufactured home or recreational vehicle in the park to
discuss the parks affairs, or any political meeting sponsored by a tenant, if
the meetings are held at reasonable hours and when the facility is not
otherwise in use, or prohibit the distribution of notices of those meetings.

(g) Interrupt, with the intent to terminate occupancy,
any utility service furnished the tenant except for nonpayment of utility
charges when due. Any landlord who violates this paragraph is liable to the
tenant for actual damages.

(h) Prohibit a tenant from having guests, but he may
require the tenant to register the guest within 48 hours after his arrival,
Sundays and legal holidays excluded, and if the park is a secured park, a guest
may be required to register upon entering and leaving.

(i) Charge a fee for a guest who does not stay with the
tenant for more than a total of 60 days in a calendar year. The tenant of a
manufactured home lot who is living alone may allow one other person to live in
his home without paying an additional charge or fee, unless such a living
arrangement constitutes a violation of chapter 315 of NRS. No agreement between
a tenant and his guest alters or varies the terms of the rental contract
between the tenant and the landlord, and the guest is subject to the rules and
regulations of the landlord.

(j) Prohibit a tenant from erecting a fence [along
the perimeter of]on the tenants lot if the fence complies with
any standards for fences established by the landlord, including limitations
established for the location and height
of fences, the materials used for fences and the manner in which fences are to
be constructed.

(k) Prohibit any tenant from soliciting membership in
any association which is formed by the tenants who live in the park. As used in
this paragraph, solicit means to make an oral or written request for
membership or the payment of dues or to distribute, circulate or post a notice
for payment of those dues.

(l) Prohibit a public officer, candidate for public
office or the representative of a public officer or candidate for public office
from walking through the park to talk with the tenants or distribute political
material.

(m) If a tenant has voluntarily assumed responsibility
to trim the trees on his lot, require the tenant to trim any particular tree
located on the lot or dispose of the trimmings unless a danger or hazard
exists.

2. The landlord is entitled to require a security
deposit from a tenant who wants to use the manufactured home parks clubhouse,
swimming pool or other park facilities for the tenants exclusive use. The
landlord may require the deposit at least 1 week before
the use.

require the deposit at least 1 week before the use. The
landlord shall apply the deposit to costs which occur due to damage or clean up
from the tenants use within 1 week after the use, if any, and shall, on or
before the 8th day after the use, refund any unused portion of the deposit to
the tenant making the deposit. The landlord is not required to place such a
deposit into a financial institution or to pay interest on the deposit.

3. The provisions of paragraphs (a), (b), (c), (j) and
(m) of subsection 1 do not apply to a corporate cooperative park.

4. As used in this section, long-term lease means a
rental agreement or lease the duration of which exceeds 12 months.

Sec. 6. NRS 118B.170 is hereby amended to
read as follows:

118B.170 1. The landlord may require approval of a
prospective buyer and tenant before the sale of a tenants manufactured home or
recreational vehicle, if the manufactured home or vehicle will remain in the
park. The landlord shall consider the record, if any, of the prospective buyer
and tenant concerning the payment of rent. The landlord shall not unreasonably
withhold his consent.

2. If a tenant sells his manufactured home or
recreational vehicle, the landlord may require that the manufactured home or
recreational vehicle be removed from the park if it is deemed by the parks
written rules or regulations in the possession of the tenants to be in a
run-down condition or in disrepair or does not meet the safety standards set
forth in NRS 461A.120. If the manufactured home must be inspected to determine
compliance with the standards, the person requesting the inspection shall pay
for it.

3. If the landlord requires the approval of a
prospective buyer and tenant, he shall [post]:

(a) Post and
maintain a sign which is clearly readable at the entrance to the park which
advises the reader that before a manufactured home in the park is sold, the
prospective buyer must be approved by the landlord.

(b) Approve
or deny a completed application from a prospective buyer and tenant within 10
business days after the date of the submission of the application.

(c) Inform
the prospective buyer and tenant upon the submission of the completed
application of the duty of the landlord to approve or deny the completed
application within 10 business days after the date of submission of the
completed application.

4. If the landlord requires the approval of a prospective
buyer and tenant of a manufactured home or recreational vehicle and the
manufactured home or recreational vehicle is sold without the approval of the
landlord, the landlord may:

(a) After providing at least 5 days written notice to
the buyer and tenant, bring an action for an unlawful detainer in the manner
prescribed in chapter 40 of NRS; or

(b) Require the buyer and tenant to sign a rental
agreement. If the buyer and tenant refuse to sign the rental agreement within 5
days after such a request, the landlord may, after providing at least 5 days
written notice to the buyer and tenant, bring an action for an unlawful
detainer in the manner provided in chapter 40 of NRS.

5. For the purposes of NRS 40.251, a person who:

(a) Purchases a manufactured home or recreational
vehicle from a tenant of a manufactured home park which will remain in the
park;

(b) Was required to be approved by the landlord of the
manufactured home park before the sale of the manufactured home or recreational
vehicle; and

(c) Was not approved by the landlord before he
purchased that manufactured home or recreational vehicle,

Κ shall be
deemed a tenant at will and a lessee of the manufactured home park.

6. The provisions of this section do not apply to a
corporate cooperative park.

Sec. 7. NRS 118B.177 is hereby amended to
read as follows:

118B.177 1. If a landlord closes a manufactured home
park [he], or if a landlord is forced to close a manufactured home
park because of a valid order of a state or local governmental agency or court
requiring the closure of the manufactured home park permanently for health or
safety reasons, the landlord shall pay the amount described in
subsection 2 or 3, in accordance with the choice of the tenant.

2. If the tenant chooses to move the manufactured
home, the landlord shall pay to the tenant:

(a) The cost of moving each tenants manufactured home
and its appurtenances to a new location within 50 miles from the manufactured
home park; or

(b) If the new location is more than 50 miles from the
manufactured home park, the cost of moving the manufactured home for the first
50 miles,

Κ including
fees for inspection, any deposits for connecting utilities, and the cost of
taking down, moving, setting up and leveling the manufactured home and its
appurtenances in the new lot or park.

3. If the tenant chooses not to move the manufactured
home, the manufactured home cannot be moved without being structurally damaged,
or there is no manufactured home park within 50 miles that is willing to accept
the manufactured home, the landlord:

(a) May remove and dispose of the manufactured home;
and

(b) Shall pay to the tenant the fair market value of
the manufactured home less the reasonable cost of removing and disposing of the
manufactured home.

4. Written notice of [the]any closure must be
served timely on
each [tenant]:

(a) Tenant
in the manner provided in NRS 40.280, giving the tenant at least
180 days after the date of the notice before he is required to move his
manufactured home from the lot.

(b) Prospective
tenant by:

(1)
Handing each prospective tenant or his agent a copy of the written notice; and

(2)
Maintaining a copy of the written notice at the entrance of the manufactured
home park.

5. For the purposes of this section, the fair market
value of a manufactured home and the reasonable cost of removing and disposing
of a manufactured home must be determined by:

(a) A dealer licensed pursuant to chapter 489 of NRS
who is agreed upon by the landlord and tenant; or

(b) If the landlord and tenant cannot agree pursuant to
paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected
for this purpose by the Division.

6. A landlord
shall not increase the rent of a tenant after notice is served on the tenant as
required by subsection 4.

7. As
used in this section, timely means not later than 3 days after the landlord
learns of a closure.

Sec. 8. NRS 118B.183 is hereby amended to
read as follows:

118B.183 1. A landlord may convert an existing
manufactured home park to any other use of the land if the change is approved
by the appropriate local zoning board, planning commission or governing body,
and:

(a) The landlord gives notice in writing to each tenant
within 5 days after he files his application for the change in land use with
the local zoning board, planning commission or governing body;

(b) The landlord pays the amount described in
subsection 2 or 3, in accordance with the choice of the tenant; and

(c) After the landlord is granted final approval of the
change by the appropriate local zoning board, planning commission or governing
body, written notice is served on each tenant in the manner provided in NRS
40.280, giving the tenant at least 180 days after the date of the notice before
he is required to move his manufactured home from the lot.

2. If the tenant chooses to move the manufactured
home, the landlord shall pay to the tenant:

(a) The cost of moving the tenants manufactured home
and its appurtenances to a new location within 50 miles from the manufactured
home park; or

(b) If the new location is more than 50 miles from the
manufactured home park, the cost of moving the manufactured home for the first
50 miles,

Κ including
fees for inspection, any deposits for connecting utilities and the cost of
taking down, moving, setting up and leveling his manufactured home and its
appurtenances in the new lot or park.

3. If the tenant chooses not to move the manufactured
home, the manufactured home cannot be moved without being structurally damaged,
or there is no manufactured home park within 50 miles that is willing to accept
the manufactured home, the landlord:

(a) May remove and dispose of the manufactured home;
and

(b) Shall pay to the tenant the fair market value of
the manufactured home less the reasonable cost of removing and disposing of the
manufactured home.

4. A landlord shall not increase the rent of any
tenant [for]:

(a) For 180 days before [applying]filing an application
for a change in land use, permit or variance affecting the manufactured home
park [.]; or

(b) At any time after filing an application for a
change in land use, permit or variance affecting the manufactured home park
unless:

(1) The landlord withdraws the application or
the appropriate local zoning board, planning commission or governing body
denies the application; and

(2)
The landlord continues to operate the manufactured home park after the
withdrawal or denial.

5. For the purposes of this section, the fair market
value of a manufactured home and the reasonable cost of removing and disposing
of a manufactured home must be determined by:

(a) A dealer licensed pursuant to chapter 489 of NRS
who is agreed upon by the landlord and tenant; or

(b) If the landlord and tenant cannot agree pursuant to
paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected
for this purpose by the Division.

6. The provisions of this section do not apply to a
corporate cooperative park.

Sec. 9. NRS 118B.210 is hereby amended to
read as follows:

118B.210 1. The landlord shall not terminate a
tenancy, refuse to renew a tenancy, increase rent or decrease services he
normally supplies, or bring or threaten to bring an action for possession of a
manufactured home lot as retaliation upon the tenant because:

(a) He has complained in good faith about a violation
of a building, safety or health code or regulation pertaining to a manufactured
home park to the governmental agency responsible for enforcing the code or
regulation.

(b) He has complained to the landlord concerning the
maintenance, condition or operation of the park or a violation of any provision
of NRS 118B.040 to 118B.220, inclusive, and section 1 of this act, or 118B.240.

(c) He has organized or become a member of a tenants
league or similar organization.

(d) He has requested the reduction in rent required by:

(1) NRS 118.165 as a result of a reduction in
property taxes.

(2) NRS 118B.153 when a service, utility or
amenity is decreased or eliminated by the landlord.

(e) A citation has been issued to the landlord as the
result of a complaint of the tenant.

(f) In a judicial proceeding or arbitration between the
landlord and the tenant, an issue has been determined adversely to the
landlord.

2. A landlord, manager or assistant manager of a
manufactured home park shall not willfully harass a tenant.

3. A tenant shall not willfully harass a landlord,
manager or assistant manager of a manufactured home park or an employee or
agent of the landlord.

4. As used in this section, harass means to threaten
or intimidate, through words or conduct, with the intent to affect the terms or
conditions of a tenancy or a persons exercise of his rights pursuant to this
chapter.

Sec. 10. Chapter 82 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Notwithstanding
any provision of law to the contrary, if a corporation for public benefit owns
or leases a mobile home park:

(a) The board
of directors or trustees which controls the mobile home park must be selected
as set forth in NRS 461A.215; and

(b) The
provisions of NRS 461.215 govern the operation of the corporation and the
mobile home park.

2. As used in
this section:

(a) Board of
directors or trustees which controls the mobile home park has the meaning
ascribed to it in NRS 461A.215.

(b) Owns or
leases a mobile home park has the meaning ascribed to it in NRS 461A.215.

Sec. 11. NRS 461A.215 is hereby amended to
read as follows:

461A.215 1. [The board of directors of
a mobile home park owned or leased by a nonprofit organization must consist of
a number of members such that one-third of the members of the board are elected
by the residents of the park, one-third of the members of the board are
appointed by the governing body of the
local government with jurisdiction over the location of the park and one-third
of the members of the board are appointed by the nonprofit organization owning
or leasing the park.

governing body of
the local government with jurisdiction over the location of the park and
one-third of the members of the board are appointed by the nonprofit
organization owning or leasing the park.

2.] Notwithstanding any provision of law to
the contrary, if a nonprofit organization owns or leases a mobile home park:

(a) The
board of directors or trustees which controls the mobile home park must be
selected as set forth in this section; and

(b) The
provisions of this section govern the operation of the nonprofit organization
and the mobile home park.

2. If a
nonprofit organization owns or leases only one mobile home park, the board of
directors or trustees which controls the mobile home park must be composed of:

(a) Three
directors or trustees who are residents of the mobile home park and are elected
by a majority of the residents who live in the mobile home park, with each unit
in the mobile home park authorized to cast one vote;

(b) Except
as otherwise provided in subsection 4, three directors or trustees appointed by
the governing body of the local government with jurisdiction over the location
of the mobile home park; and

(c) Three
directors or trustees elected by a majority of the other directors or trustees
selected pursuant to this subsection.

3. If a
nonprofit organization owns or leases more than one mobile home park, the board
of directors or trustees which controls the mobile home parks must be composed
of:

(a) For
each mobile home park, one director or trustee who is a resident of that mobile
home park and is elected by a majority of the residents who live in that mobile
home park, with each unit in the mobile home park authorized to cast one vote;

(b) Except
as otherwise provided in subsection 4, one director or trustee appointed for
each mobile home park by the governing body of the local government with
jurisdiction over the location of that mobile home park; and

(c) For
each mobile home park, one director or trustee elected by a majority of the
other directors or trustees selected pursuant to this subsection.

4. The
governing body of a local government with jurisdiction over the location of a
mobile home park owned or leased by a nonprofit organization shall not appoint
a director or trustee pursuant to paragraph (b) of subsection 2 or paragraph
(b) of subsection 3 unless the land upon which the mobile home park is located
or the improvements to that land are owned by any governmental entity, patented
to any governmental entity or leased to the nonprofit organization by any
governmental entity.

5. The
term of office of a director or trustee selected pursuant to this section:

(a) Is 2
years, except that upon the expiration of his term of office he shall continue
to serve until his successor is selected; and

(b) Commences
on July 1 of each odd-numbered year.

6. Any
vacancy occurring in the membership of the board of directors or trustees
selected pursuant to this section must be filled in the same manner as the
original election or appointment.

(b) Investigate
suspected violations of the provisions of this section; and

(c) Institute
proceedings on behalf of this State, an agency or political subdivision of this
State, or as parens patriae of a person residing in a mobile home park:

(1)
For injunctive relief to prevent and restrain a violation of any provision of
this section; and

(2)
To collect any costs or fees awarded pursuant to the provisions of this
section.

8. The
provisions of this section may be enforced with regard to a nonprofit
organization or a mobile home park by:

(a) The
nonprofit organization;

(b) The
board of directors or trustees required to be selected pursuant to this
section, or any member thereof;

(c) A
person who claims membership on the board of directors or trustees required to
be selected pursuant to this section;

(d) A
resident of the mobile home park;

(e) The
local government with jurisdiction over the location of the mobile home park;
or

(f) Any
combination of the persons described in paragraphs (a) to (e), inclusive.

9. In any
action to enforce the provisions of this section, including, without
limitation, an action to prevent or restrain a violation of the provisions of
this section, if a person is found to have knowingly acted as a director or
trustee on a board of directors or trustees required to be selected pursuant to
this section while he was not authorized to act as such a director or trustee
pursuant to this section:

(a) The
court shall award the prevailing party costs and attorneys fees;

(b) If the
nonprofit organization which owns or leases a mobile home park participates in
the action, the court shall award the nonprofit organization costs and
attorneys fees; and

(c) Costs
and attorneys fees awarded pursuant to this section must be recovered from the
person. If in the same action to enforce the provisions of this section, more
than one person is found to have knowingly acted as a director or trustee on a
board of directors or trustees required to be selected pursuant to this section
while he was not authorized to act as such a director or trustee pursuant to
this section, each such person is jointly and severally liable for the costs
and attorneys fees awarded pursuant to this section.

10.
The provisions of this section do not apply to a corporate cooperative park.

11. As used in
this section:

(a) Board of
directors or trustees which controls the mobile home park means:

(1) If
the nonprofit organization which owns or leases a mobile home park does not own
or operate any substantial asset that is unrelated to the mobile home park, the
board of directors or trustees of the nonprofit organization; or

(2) If
the nonprofit organization which owns or leases a mobile home park owns or operates
a substantial asset that is unrelated to the mobile home park, a board of
directors or trustees which:

(I)
Has full and independent control over the affairs of the nonprofit organization
that are related to the mobile home park, including, without limitation, full
and independent control over all policies, operation, property, assets,
accounts and records of the nonprofit organization which are related to or
derived from the park;

(II)
Notwithstanding any provision of law to the contrary, exercises the powers
described in sub-subparagaph (I) without being subject to any control by the
board of directors or trustees of the nonprofit organization or any other
person, group or entity within or related to the nonprofit organization; and

(III)
If the nonprofit organization owns or leases more than one mobile home park,
controls all of the mobile home parks owned or leased by the nonprofit
organization.

(b) Corporation
for public benefit has the meaning ascribed to it in NRS 82.021.

(c) Governmental
entity includes, without limitation, the Federal Government, this State, an
agency or political subdivision of this State, a municipal corporation and a
housing authority.

(d) Nonprofit
organization includes, without limitation, a corporation for public benefit.

(e) Owns or
leases a mobile home park means being the owner or lessee of:

(1) The
land upon which the mobile home park is located; or

(2) The
improvements to the land upon which the mobile home park is located.

Sec. 12. NRS 489.281 is hereby amended to
read as follows:

489.281 1.
The Division shall adopt regulations for the issuance and renewal
of a limited dealers license authorizing a person other than a bank, savings
and loan association, credit union, thrift company or other financial
institution to act as a repossessor or liquidator concerning manufactured
homes, mobile homes or commercial coaches.

2. Regulations
adopted by the Division concerning the issuance and renewal of a limited
dealers license must not require more than 2 hours of continuing education per
year and the required continuing education must be limited to topics relating
to the processes and procedures for the sale of a manufactured home.

Sec. 13. 1. Except as otherwise provided in
subsection 2, if the provisions of NRS 461A.215, as amended by this act, apply
to an organization in existence on the effective date of this section, the
directors or trustees of the organization who are in office on the effective
date of this section shall be deemed to be authorized to serve as the directors
or trustees pursuant to NRS 461A.215, as amended by this act, until a board of
directors or trustees is selected pursuant to NRS 461A.215, as amended by this
act.

2. If the provisions of NRS 461A.215, as amended by this
act, apply to an organization in existence on the effective date of this
section and applied to the organization before the effective date of this
section, and the directors or trustees were elected by the residents of the
mobile home park or appointed by the governing body of the local government
with jurisdiction over the location of the mobile home park pursuant to NRS
461A.215 before the effective date of this section, those directors or trustees
elected by the residents or appointed by the governing body of the local
government shall be deemed to be:

(a) Authorized to serve as the directors or trustees
pursuant to NRS 461A.215, as amended by this act, until a board of directors or
trustees is selected pursuant to NRS 461A.215, as amended by this act; and

(b) The sole directors or
trustees authorized to serve as the directors or trustees pursuant to NRS
461A.215, as amended by this act, until a board of directors or trustees is
selected pursuant to NRS 461A.215, as amended by this act.

Sec. 14. 1. This section and sections 10, 11 and 13
of this act become effective upon passage and approval.

2. Sections 1 to 9,
inclusive, and 12 of this act become effective on July 1, 2005.

________

CHAPTER 406, SB 37

Senate Bill No. 37Senator Wiener

CHAPTER 406

AN ACT relating to
prescription drugs; requiring an applicant for licensure as a wholesaler of
prescription drugs to submit a set of his fingerprints to the State Board of
Pharmacy for use by the Board in obtaining a report on the applicants criminal
history; authorizing the Board to require certain persons connected with the
operations of a licensed wholesaler to submit a set of fingerprints to the
Board for use by the Board in obtaining a report on the persons criminal
history; requiring certain licensed wholesalers to file a bond or cash deposit
conditioned upon compliance with the laws relating to wholesalers; requiring
the State Board of Pharmacy to ensure the safe and efficient operation of
wholesalers and the integrity and propriety of transactions involving
wholesalers; revising provisions governing the sale and purchase of
prescription drugs by wholesalers; providing penalties; and providing other
matters properly relating thereto.

[Approved: June 14, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
639 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 12, inclusive, of this act.

Sec. 2. 1.
In addition to the requirements for an application set forth in NRS 639.100,
each applicant for a license to engage in wholesale distribution shall submit
with his application a complete set of his fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for its report. If the applicant is a:

(a) Natural
person, that person must submit his fingerprints.

(b) Partnership,
each partner must submit his fingerprints.

(c) Corporation,
each officer and director of the corporation must submit his fingerprints.

(d) Sole
proprietorship, that sole proprietor must submit his fingerprints.

2. In addition to the requirements of subsection 1,
the applicant shall submit with his application a list containing each
employee, agent, independent contractor, consultant, guardian, personal
representative, lender or holder of indebtedness of the applicant. The Board
may require any person on the applicants list to submit a complete set of his
fingerprints to the Board if the Board determines that the person has the power
to exercise significant influence over the operation of the applicant as a
licensed wholesaler. The fingerprints must be submitted with written permission
authorizing the Board to forward the fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for its report. The provisions of this subsection do not apply to
a:

(a) Lender or holder of indebtedness of an applicant
who is a commercial bank, bank holding company, subsidiary or affiliate of a
bank holding company, personal property broker, consumer finance lender,
commercial finance lender or insurer, or any other person engaged in the business
of extending credit, who is regulated by an officer or agency of the State or
the Federal Government.

(b) Common
motor carrier or other delivery service that delivers a drug at the direction
of a manufacturer.

3. The Board
may issue a provisional license to an applicant pending receipt of the reports
from the Federal Bureau of Investigation if the Board determines that the
applicant is otherwise qualified.

4. An
applicant who is issued a license by the Board shall not allow a person who is
required to submit his fingerprints pursuant to subsection 2 to act in any
capacity in which he exercises significant influence over the operation of the
wholesaler if the:

(a) Person does
not submit a complete set of his fingerprints in accordance with subsection 2;
or

(b) Report of
the criminal history of the person indicates that he has been convicted of, or
entered a plea of guilty or nolo contendere to, a felony or offense involving
moral turpitude or related to the qualifications, functions or duties of that
person in connection with the operation of the wholesaler.

5. The Board
shall not issue a license to an applicant if the requirements of this section
are not satisfied.

Sec.
2.5. The Board shall implement
and maintain reasonable security measures to protect the information obtained
by the Board pursuant to section 2 of this act and all other information related
to an application for a license to engage in wholesale distribution to protect
the information from unauthorized access, acquisition, destruction, use,
modification or disclosure. The provisions of this section do not prohibit the
Board from disclosing and providing such information to other state and federal
agencies involved in the regulation of prescription drugs to the extent deemed
necessary by the Board.

Sec. 3. 1. On
an annual basis, each licensed wholesaler shall submit to the Board an updated
list of each employee, agent, independent contractor, consultant, guardian,
personal representative, lender or holder of indebtedness of the wholesaler who
is employed by or otherwise contracts with the wholesaler for the provision of
services in connection with the operation of the licensee as a wholesaler. Any
changes to the list must be submitted
to the Board not later than 30 days after the change is made.

must be submitted to
the Board not later than 30 days after the change is made.

2. If a person
identified on an undated list of the wholesaler is employed by or otherwise
contracts with the wholesaler after the wholesaler is issued a license and that
person did not submit his fingerprints pursuant to section 2 of this act, the
Board may require that person to submit a complete set of his fingerprints to
the Board if the Board determines that the person has the power to exercise
significant influence over the operation of the licensee as a wholesaler. The
fingerprints must be submitted within 30 days after being requested to do so by
the Board and must include written permission authorizing the Board to forward
the fingerprints to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report.
The provisions of this subsection do not apply to a:

(a) Lender or
holder of indebtedness of a wholesaler who is a commercial bank, bank holding
company, subsidiary or affiliate of a bank holding company, personal property
broker, consumer finance lender, commercial finance lender or insurer, or any
other person engaged in the business of extending credit, who is regulated by
an officer or agency of the State or the Federal Government.

(b) Common
motor carrier or other delivery service that delivers a drug at the direction
of a manufacturer.

3. A
wholesaler shall not allow a person who is required to submit his fingerprints
pursuant to subsection 2 to act in any capacity in which he exercises
significant influence over the operation of the wholesaler if the:

(a) Person does
not submit a complete set of his fingerprints in accordance with subsection 2;
or

(b) Report of
the criminal history of the person indicates that he has been convicted of, or
entered a plea of guilty or nolo contendere to, a felony or offense involving
moral turpitude or related to qualifications, functions or duties of that
person in connection with the operation of the wholesaler.

Sec. 4. 1. Except
as otherwise provided in this subsection, before the Board issues a license to
engage in the wholesale distribution of prescription drugs, the applicant shall
file with the Board a bond in an amount not less than $25,000 and not more than
$100,000, as determined by the Board, executed by the applicant as principal,
and by a corporation qualified under the laws of this State as surety, payable
to this State and conditioned upon the compliance with the requirements of this
chapter applicable to wholesalers. An applicant that is a publicly traded
corporation is not required to file a bond or other security pursuant to this
section.

2. In lieu of
the bond required pursuant to subsection 1, an applicant may deposit with the
Board a like amount of lawful money of the United States or any other form of
security authorized by NRS 100.065. If security is provided in the form of a
savings certificate, certificate of deposit or investment certificate, the
certificate must state that the amount is not available for withdrawal except
upon order of the Board.

3. The Board
may, by agreement with a wholesaler who has been licensed with the Board for 5
consecutive years or more, allow a reduction in the amount of the bond or other
security as provided in subsections 1 and 2, if the wholesaler has conducted
business in accordance with the applicable
provisions of this chapter for the immediately preceding 5 years, but no bond
may be in an amount less than $5,000.

applicable provisions
of this chapter for the immediately preceding 5 years, but no bond may be in an
amount less than $5,000. The Board may at any time thereafter require the
licensee to increase the amount of the bond or other security if evidence is
presented to the Board supporting this requirement.

4. The purpose
of the bond and other security required by this section is to secure payment of
any fines imposed by the Board pursuant to NRS 639.255 and any costs incurred
by the Board regarding the license of a wholesaler that are imposed pursuant to
NRS 622.400 or 622.410 which the licensee fails to pay within 30 days after the
fines or costs become due and payable. The Board may make a claim against a
bond or other security pursuant to this subsection until 1 year after the
license ceases to be valid or until 60 days after any administrative proceeding
against the licensee conducted pursuant to NRS 639.241 to 639.2576, inclusive,
is concluded.

5. Except as
otherwise provided in this subsection, before renewing a license to engage in
wholesale distribution, the Board shall require the licensee to file with the
Board satisfactory evidence that his surety bond or other security is in full
force. A licensee that is a publicly traded corporation is not required to
maintain a bond or other security.

6. Failure of
an applicant or licensee to file or maintain in full force the required bond or
other security constitutes cause for the Board to deny, revoke, suspend or
refuse to renew a license to engage in wholesale distribution.

7. All money
received by the Board pursuant to this section must be deposited in accordance
with NRS 639.081.

Sec. 5. As used in sections 5 to 8, inclusive,
of this act, unless the context otherwise requires, statement of prior sales
or statement:

1. Means a statement of prior sales that must be used
in a transaction involving the purchase or sale of a prescription drug by a
wholesaler, if required; and

2. Is synonymous with the term Statement Identifying
Prior Sales of Prescription Drugs by Wholesalers Required by the Prescription
Drug Marketing Act.

Sec. 6. 1. The Board shall ensure the safe and efficient operation
of wholesalers and the integrity and propriety of transactions involving the
purchase and sale of prescription drugs by wholesalers, including, without
limitation, ensuring:

(a) The circumstances and conditions under which a
wholesaler must prepare, deliver, acquire and maintain a statement of prior sales
regarding a transaction involving the purchase or sale of a prescription drug;

(b) The form and contents of a statement of prior
sales; and

(c) The process and procedures for verifying and
certifying that the information contained in a statement of prior sales is
complete and accurate.

2. In ensuring the circumstances and conditions under
which a wholesaler must prepare, deliver, acquire and maintain a statement of
prior sales regarding a transaction involving the purchase or sale of a
prescription drug, the Board shall consider:

(a) The need for verification to ensure that the
transaction is a bona fide transaction pursuant to NRS 639.2615; and

(b) The level of risk the transaction poses to public
health and safety, including, without limitation, the potential that the
transaction may involve the sale or purchase of a prescription drug that is:

(1) Counterfeit;

(2) Deemed to be adulterated or misbranded in
accordance with the provisions of chapter 585 of NRS;

(6) Manufactured, packaged, labeled or shipped
in violation of any state or federal law relating to prescription drugs.

3. If a statement of prior sales is required for a
transaction involving the purchase or sale of a prescription drug by a
wholesaler, the statement:

(a) Must include the signature of the wholesaler or
his designated representative certifying that the information contained in the
statement is complete and accurate; and

(b) Except as otherwise provided in subsection 4, must
be:

(1) In written or electronic form, if the
transaction occurs before January 1, 2007; and

(2) In electronic form, if the transaction
occurs on or after January 1, 2007.

4. The Board may extend the date for compliance with
the requirement that the statement of prior sales must be in electronic form if
the Board determines that the technology to provide such a statement in
electronic form is not reasonably available or that the licensed wholesalers in
this State otherwise require additional time to carry out the requirements of
an electronic form. If the Board extends the deadline pursuant to this
subsection, the Board shall ensure that all licensed wholesalers in this State
are provided adequate notice of the extension.

Sec. 6.5. If a statement of prior sales indicates that more than 3
prior sales of a prescription drug have occurred, including, without
limitation, a sale involving an authorized distributor of record, a person who
is licensed to engage in wholesale distribution pursuant to this chapter shall
not sell that prescription drug to another wholesaler.

Sec. 7. A
person who is licensed to engage in wholesale distribution pursuant to this
chapter is guilty of a category C felony and shall be punished as provided in NRS
193.130 if, with the intent to defraud or deceive, he:

1. Fails to
deliver to another person a complete and accurate statement of prior sales for
a prescription drug, if such a statement is required, before selling or
otherwise transferring the drug to that person.

2. Fails to
acquire a complete and accurate statement of prior sales for a prescription
drug, if such a statement is required, before obtaining the drug from another
person.

3. Falsely
swears or certifies that the information in a statement of prior sales is
accurate and complete.

Sec. 8. A
person who is licensed to engage in wholesale distribution pursuant to this
chapter is guilty of a category C felony and shall be punished as provided in
NRS 193.130 if he knowingly:

1. Destroys,
alters, conceals or fails to maintain a complete and accurate statement of
prior sales for each prescription drug in his possession for wholesale
distribution if such a statement is required.

2. Fails to
authenticate information contained in a statement of prior sales for a
prescription drug, if such a statement is required, and distributes or attempts
to distribute that prescription drug.

4. Makes a
false representation or assertion of any factual matter contained in a
statement of prior sales.

5. Fails to
record material information required to be recorded in a statement of prior
sales.

Sec.
9. A person who is licensed to
engage in wholesale distribution pursuant to this chapter shall maintain the
following information, updated annually, concerning each wholesaler from whom
the licensee purchases a prescription drug or to whom the licensee sells a
prescription drug:

1. A list that
identifies each state in which the wholesaler is domiciled and each state into
which the wholesaler ships prescription drugs.

2. Copies of
each state and federal regulatory license and registration held by the
wholesaler, including, without limitation, the numbers accompanying each
license and registration.

3. Copies of
formation documents, business licenses and other documents related to the
company of the wholesaler and its operations.

4. Copies of
the wholesalers most recent site inspection report by state or federal
agencies.

5. If the
licensee receives a prescription drug from the wholesaler, a copy of the
wholesalers product liability insurance policy that includes the licensee as
an additional insured for at least $1,000,000.

6. A list that
includes the name and address of:

(a) If the
wholesaler is a partnership, limited-liability partnership or limited-liability
corporation, the partners or shareholders, as applicable.

(b) If the
wholesaler is a private corporation, the officers, directors and shareholders.

(c) If the
wholesaler is a public corporation, the officers and directors.

7. Evidence of
due diligence in accordance with section 10 of this act.

8. A copy of
the wholesalers policy or procedure for internal operations, including,
without limitation, the procedures related to handling counterfeit, misbranded
or adulterated prescription drugs.

9. A listing
of all manufacturers with whom the wholesaler claims status as an authorized
distributor of record and the applicable account numbers.

Sec. 10.1. A person who is licensed to engage in wholesale
distribution pursuant to this chapter shall maintain the following evidence
regarding due diligence concerning each wholesaler with whom the licensee does
business in accordance with any applicable requirements of the Fair Credit
Reporting Act, 15 U.S.C. §§ 1681 et seq.:

(a) A copy of
the drivers license of:

(1) If
the wholesaler is a sole proprietor, the owner.

(2) If
the wholesaler is a partnership, limited-liability partnership or
limited-liability corporation, each partner or shareholder, as applicable.

(3) If
the wholesaler is a private corporation, each officer and director.

(b) Proof that
the licensee has checked to determine if civil or criminal litigation or both
exists against the company, its owners, partners, officers or directors and
whether any disciplinary action has been taken or is pending against the
company, its owners, partners, officers or directors by a state or federal
agency.

2. A person
who is licensed to engage in wholesale distribution pursuant to this chapter
shall not maintain a business relationship with any company if any of the
owners, partners, officers or directors have been convicted of a felony related
to the wholesale distribution of prescription drugs.

Sec. 11.1. A person who is licensed to engage in wholesale
distribution pursuant to this chapter shall, within 30 days after beginning a
business relationship with another wholesaler, conduct an on-site inspection of
each facility of the wholesaler to verify that the wholesaler complies with
federal requirements for the storage of prescription drugs and the operation of
the facilities where prescription drugs are stored.

2. After the
date of the inspection pursuant to subsection 1, the licensee shall conduct an
on-site inspection biannually.

3. Each
on-site inspection conducted pursuant to this section must include:

(a) An
assessment of the authority, training and experience of persons who are
responsible for receiving, inspecting, storing, handling and shipping
prescription drugs at the facility;

(b) An
assessment of the operational conditions of each facility of the wholesaler,
including, without limitation, security, climate control and cleanliness;

(d) An
assessment of the procedures of the wholesaler for detecting adulterated,
misbranded or counterfeit prescription drugs.

4. For each
inspection pursuant to this section, the licensee shall obtain and maintain the
signature of the appropriate representative of the wholesaler verifying the
accuracy of the inspection.

5. Each
licensee shall enter into an agreement with each wholesaler with whom the
licensee enters into a business relationship providing that the wholesaler will
comply with all applicable federal and state laws and regulations relating to
the purchase and sale of prescription drugs and requiring the wholesaler to
notify the licensee of any material change regarding the integrity or legal
status of prescription drugs received by the licensee or any other material
change regarding the legal status of the wholesaler.

Sec. 12.A person who is licensed to engage in wholesale distribution
pursuant to this chapter shall certify a claim by another wholesaler that the
wholesaler is an authorized distributor of record from whom the licensee
purchases a prescription drug. Such certification includes a statement signed
by a representative of the wholesaler certifying the claim that the wholesaler is an authorized distributor of record for a
specified manufacturer and:

wholesaler is an
authorized distributor of record for a specified manufacturer and:

1. A copy of
the written agreement currently in effect with the manufacturer;

2. A copy of a
letter from the manufacturer endorsing the wholesaler as an authorized
distributor of record;

3. Copies of
applicable invoices from the manufacturer demonstrating the purchase by the
wholesaler of at least 1,000 sales units of prescription drugs from the
manufacturer within the 12 months immediately preceding the current month;

4. Copies of
applicable invoices from the manufacturer from each of the previous 12 months;

5. Copies of
applicable invoices from the manufacturer specific to the given transaction; or

6. Verification
from the manufacturers website that the wholesaler is an authorized
distributor of record.

Sec. 13.NRS 639.040 is hereby amended
to read as follows:

639.040 1. The Board shall elect a President and a
Treasurer from among its members.

2. The Board shall employ an Executive Secretary, who [must
not be]is
not a member of the Board. The Executive Secretary must have experience as a licensed
pharmacist in this State or in another state with comparable licensing
requirements.The Executive Secretary shall keep a
complete record of all proceedings of the Board and of all certificates issued,
and shall perform such other duties as the Board may require, for which
services he is entitled to receive a salary to be determined by the Board.

Sec. 14. NRS 639.180 is hereby amended to
read as follows:

639.180 1. Except as otherwise provided in this
subsection, a certificate, license or permit issued by the Board pursuant to
this chapter expires on October 31 of each even-numbered year. A certificate of
registration as a pharmacist expires on October 31 of each odd-numbered year.

2. Except as otherwise provided by NRS 639.137,
639.230 and 639.2328, each person to whom a certificate, license or permit has
been issued may, if the certificate, license or permit has not been revoked,
renew the certificate, license or permit biennially by:

(a) Filing an application for renewal;

(b) Paying the fee for renewal;

(c) Complying with the requirement of continuing
professional education, if applicable; [and]

(d) If
applicable, filing with the Board satisfactory evidence that his surety bond or
other security required by section 4 of this act is in full force; and

(e) If
the applicant is a natural person who is applying for the renewal of a
certificate of registration as a pharmacist, intern pharmacist, pharmaceutical
technician or pharmaceutical technician in training or a license issued
pursuant to NRS 639.233, submitting the statement required pursuant to NRS
639.129.

3. The application for renewal, together with the fee
for renewal and, if applicable, the
evidence of compliance with section 4 of this act and the
statement[,]required pursuant to NRS 639.129, must
be delivered to the Executive Secretary of the Board on
or before the expiration date of the certificate, license or permit, or the
current renewal receipt thereof.

Executive Secretary of the Board on or before the expiration
date of the certificate, license or permit, or the current renewal receipt
thereof.

4. If a certificate, license or permit is renewed, it
must be delivered to the applicant within a reasonable time after receipt of
the application for renewal and the fee for renewal.

5. The Board may refuse to renew a certificate,
license or permit if the applicant has committed any act proscribed by NRS
639.210.

6. If the application for renewal ,[and]
the fee for renewaland,
if applicable, the evidence of
compliance with section 4 of this act and the statement required pursuant to NRS 639.129,
are not postmarked on or before the expiration date of the certificate, license
or permit, or the current renewal receipt thereof, the registration is automatically
forfeited.

Sec. 15. NRS 639.180 is hereby amended to
read as follows:

639.180 1. Except as otherwise provided in this
subsection, a certificate, license or permit issued by the Board pursuant to
this chapter expires on October 31 of each even-numbered year. A certificate of
registration as a pharmacist expires on October 31 of each odd-numbered year.

2. Except as otherwise provided by NRS 639.137,
639.230 and 639.2328, each person to whom a certificate, license or permit has
been issued may, if the certificate, license or permit has not been revoked,
renew the certificate, license or permit biennially by:

(a) Filing an application for renewal;

(b) Paying the fee for renewal; [and]

(c) If
applicable, filing with the Board satisfactory evidence that his surety bond or
other security required by section 4 of this act is in full force; and

(d) Complying
with the requirement of continuing professional education, if applicable.

3. The application for renewal, together with the fee
for renewal[,]and, if applicable, the evidence
of compliance with section 4 of this act, must be delivered to
the Executive Secretary of the Board on or before the expiration date of the
certificate, license or permit, or the current renewal receipt thereof.

4. If a certificate, license or permit is renewed, it
must be delivered to the applicant within a reasonable time after receipt of
the application for renewal and the fee for renewal.

5. The Board may refuse to renew a certificate,
license or permit if the applicant has committed any act proscribed by NRS
639.210.

6. If the application for renewal ,[and]
the fee for renewal and, if
applicable, the evidence of compliance with section 4 of this act are
not postmarked on or before the expiration date of the certificate, license or
permit, or the current renewal receipt thereof, the registration is
automatically forfeited.

Sec. 16. NRS 639.210 is hereby amended to
read as follows:

639.210 The Board may suspend or revoke any
certificate, license, registration or permit issued pursuant to this chapter,
and deny the application of any person for a certificate, license, registration
or permit, if the holder or applicant:

3. Becomes or is intoxicated or under the influence of
liquor, any depressant drug or a controlled substance, unless taken pursuant to
a lawfully issued prescription, while on duty in any establishment licensed by
the Board;

4. Is guilty of unprofessional conduct or conduct
contrary to the public interest;

5. Is addicted to the use of any controlled substance;

6. Has been convicted of a violation of any law or
regulation of the Federal Government or of this or any other state related to
controlled substances, dangerous drugs, drug samples, or the wholesale or
retail distribution of drugs;

7. Has been convicted of:

(a) A felony relating to holding a certificate,
license, registration or permit pursuant to this chapter; [or]

(b) A
felony pursuant to section 7 or 8 of this act; or

(c) Other
crime involving moral turpitude, dishonesty or corruption;

8. Has been convicted of violating any of the provisions
of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

9. Has willfully made to the Board or its authorized
representative any false statement which is material to the administration or
enforcement of any of the provisions of this chapter;

10. Has obtained any certificate, certification,
license or permit by the filing of an application, or any record, affidavit or
other information in support thereof, which is false or fraudulent;

11. Has violated any provision of the Federal Food,
Drug and Cosmetic Act or any other federal law or regulation relating to
prescription drugs;

12. Has violated, attempted to violate, assisted or
abetted in the violation of or conspired to violate any of the provisions of
this chapter or any law or regulation relating to drugs, the manufacture or
distribution of drugs or the practice of pharmacy, or has knowingly permitted,
allowed, condoned or failed to report a violation of any of the provisions of
this chapter or any law or regulation relating to drugs, the manufacture or
distribution of drugs or the practice of pharmacy committed by the holder of a
certificate, license, registration or permit;

13. Has failed to renew his certificate, license or
permit by failing to submit the application for renewal or pay the renewal fee
therefor;

14. Has had his certificate, license or permit
suspended or revoked in another state on grounds which would cause suspension
or revocation of a certificate, license or permit in this State;

15. Has, as a managing pharmacist, violated any
provision of law or regulation concerning recordkeeping or inventory in a store
over which he presides, or has knowingly allowed a violation of any provision
of this chapter or other state or federal laws or regulations relating to the
practice of pharmacy by personnel of the pharmacy under his supervision;

16. Has repeatedly been negligent, which may be
evidenced by claims of malpractice settled against him; [or]

17. Has failed to maintain and make available to a
state or federal officer any records in accordance with the provisions of this
chapter or chapter 453 or 454 of NRS[.] ; or

18. Has
failed to file or maintain a bond or other security if required by section 4 of
this act.

(1) The
wholesaler who purchases the drug is licensed by the Board or the board or
other relevant authority of another state; and

(2) The]if thesale
is a bona fide transaction.

2. A wholesaler may purchase a prescription drug only
from:

(a) A manufacturer; [or]

(b) A
pharmacy or practitioner if that pharmacy or practitioner maintains a valid
license in the State in which the pharmacy or practitioner is domiciled; or

(c)Another wholesaler if:

(1) The wholesaler who sells the drug is
licensed by the Board; and

(2) The sale is a bona fide transaction.

3. A
wholesaler may receive a prescription drug from a pharmacy or practitioner only
if the wholesaler does not pay the pharmacy or practitioner an amount, either
in cash or credit, that is more than the price for which the wholesaler sells
such prescription drugs to other pharmacies or practitioners at the time of return
and:

(a) The
prescription drug was originally shipped to the pharmacy or practitioner by the
wholesaler; or

(b) The
prescription drug could not be returned by the pharmacy or practitioner to the
original wholesaler.

Κ If a wholesaler receives a
prescription drug pursuant to this subsection and the wholesaler subsequently
sells the prescription drug to another wholesaler, the prescription drug must
be accompanied by a statement of prior sales as defined in section 5 of this
act.

4. The
Board shall not limit the quantity of prescription drugs a wholesaler may
purchase, sell, distribute or otherwise provide to another wholesaler,
distributor or manufacturer.

[4.]5. For the purposes of this section:

(a) A purchase shall be deemed a bona fide transaction
if:

(1) The wholesaler purchased the drug:

(I) Directly from the manufacturer of the
drug; or

(II) With a reasonable belief that the
drug was originally purchased directly from the manufacturer of the drug;

(2) The circumstances of the purchase reasonably
indicate that the drug was not purchased from a source prohibited by law;

(3) Unless the drug is purchased by the
wholesaler from the manufacturer, before the wholesaler sells the drug to
another wholesaler, the wholesaler who sells the drug conducts a reasonable
visual examination of the drug to ensure that the drug is not:

(I) Counterfeit;

(II) Deemed to be adulterated or
misbranded in accordance with the provisions of chapter 585 of NRS;

(4) The drug is shipped directly from the
wholesaler who sells the drug to the wholesaler who purchases the drug; and

(5) The documents of the shipping company
concerning the shipping of the drug are attached to the invoice for the drug
and are maintained in the records of the wholesaler.

(b) A sale shall be deemed a bona fide transaction if [there
is a reasonable assurance by the wholesaler that purchases the drug that the
wholesaler will sell the drug directly and]the wholesaler sells the prescription
drugonly to [a]:

(1)
Apharmacy or practitioner [.]if that pharmacy or practitioner
maintains a valid license in the state in which the pharmacy or practitioner is
domiciled.

(2)
Another wholesaler who maintains a valid license in the state in which he is
domiciled if the wholesaler who sells the prescription drug has complied with
sections 9, 10 and 11 of this act.

(c) The purchase or sale of a prescription drug
includes, without limitation, the distribution, transfer, trading, bartering or
any other provision of a prescription drug to another person by a wholesaler. A
transfer of a prescription drug from a wholesale facility of a wholesaler to another
wholesale facility of the wholesaler shall not be deemed a purchase or sale of
a prescription drug pursuant to this section if the wholesaler is a corporation
whose securities are publicly traded and regulated by the Securities Exchange
Act of 1934.

Sec. 18.NRS 639.2801 is hereby
amended to read as follows:

639.2801 Unless specified to the contrary in writing
on the prescription by the prescribing practitioner, all prescriptions filled
by any practitioner must be dispensed in a container to which is affixed a
label or other device which clearly shows:

1. The date.

2. The name, address and prescription serial number of
the practitioner who filled the prescription.

3. The names of the prescribing practitioner and of
the person for whom prescribed.

4. The number of dosage units.

5. Specific directions for use given by the
prescribing practitioner.

6. The expiration date of the effectiveness of the
drug or medicine dispensed, if that information is [required to be]
included on the original label of the manufacturer of [the]that drug or
medicine. [The practitioner shall not specify on the label or other
device for the drug or medicine an expiration date that is earlier than]If the expiration
date specified by the manufacturer [on the original label.] is not less than 1 year after the date
of dispensing, the practitioner may use a date that is 1 year after the date of
dispensing as the expiration date.

7. The proprietary or generic name of the drug or
medicine as written by the prescribing practitioner.

8. The strength of the drug or medicine.

Κ The label
must contain the warning:

Caution: Do not use with alcohol or nonprescribed drugs
without consulting the prescribing practitioner.

Sec. 19. A person who possesses a license to engage
in the wholesale distribution of prescription drugs issued by the State Board
of Pharmacy before October 1, 2005, must, as a condition
to renewal of that license, file a bond or other security required by section 4
of this act.

before October 1, 2005, must, as a condition to renewal of that
license, file a bond or other security required by section 4 of this act.

Sec. 20. 1. This section and sections 1 to 14,
inclusive, and 16 to 19, inclusive, of this act become effective on October 1,
2005.

2. Section 14 of this act expires by limitation on the date
on which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

Κ are repealed by
the Congress of the United States.

3. Section 15 of this act becomes effective on the date on
which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

Κ are repealed by
the Congress of the United States.

________

CHAPTER 407, SB 172

Senate Bill No. 172Committee on Judiciary

CHAPTER 407

AN ACT relating to
deeds of trust; revising provisions relating to the sale of real property under
a deed of trust; and providing other matters properly relating thereto.

[Approved: June 14, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
107 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 5, inclusive, of this act.

Sec. 2.A person who willfully removes or defaces a notice posted
pursuant to subsection 4 of NRS 107.080, if done before the sale or, if the
default is satisfied before the sale, before the satisfaction of the default,
is liable in the amount of $500 to any person aggrieved by the removal or
defacing of the notice.

Sec. 3.1. All sales of property pursuant to
NRS 107.080 must be made at auction to the highest bidder and must be made
between the hours of 9 a.m. and 5 p.m. The agent holding the sale must not
become a purchaser at the sale or be interested in any purchase at such a sale.

2. All sales of real property must be made:

(a) In a county with a population of less than
100,000, at the courthouse in the county in which the property or some part
thereof is situated.

(b) In a county
with a population of 100,000 or more, at the public location in the county
designated by the governing body of the county for that purpose.

Sec. 4.1. If a sale of property pursuant to NRS 107.080 is postponed
by oral proclamation, the sale must be postponed to a later date at the same
time and location.

2. If such a
sale has been postponed by oral proclamation three times, any new sale
information must be provided by notice as provided in NRS 107.080.

Sec. 5.1. If a purchaser refuses to pay the amount bid by him for
the property struck off to him at a sale pursuant to NRS 107.080, the agent may
again sell the property to the highest bidder, after again giving the notice
previously provided.

2. If any loss
is incurred from the purchaser refusing to pay his bid, the agent may recover
the amount of the loss, with costs, for the benefit of the party aggrieved, by
motion upon previous notice of 5 days to the purchaser, before any court of
competent jurisdiction.

3. The court
shall proceed in a summary manner in the hearing and disposition of such a
motion, and give judgment and issue execution therefor forthwith, but the
refusing purchaser may request a jury. The same proceedings may be had against
any subsequent purchaser who refuses to pay, and the agent may, in his
discretion, thereafter reject the bid of any person so refusing.

4. An agent is
not liable for any amount other than the amount bid by the second or subsequent
purchaser and the amount collected from the purchaser who refused to pay.

Sec. 6. NRS 107.030 is hereby amended
to read as follows:

107.030 Every deed of trust made after March 29, 1927,
may adopt by reference all or any of the following covenants, agreements,
obligations, rights and remedies:

1. Covenant No.
1. That grantor agrees to pay and discharge at maturity all taxes and
assessments and all other charges and encumbrances which now are or shall
hereafter be, or appear to be, a lien upon the trust premises, or any part
thereof; and that he will pay all interest or installments due on any prior
encumbrance, and that in default thereof, beneficiary may, without demand or
notice, pay the same, and beneficiary shall be sole judge of the legality or
validity of such taxes, assessments, charges or encumbrances, and the amount
necessary to be paid in satisfaction or discharge thereof.

2. Covenant No.
2. That the grantor will at all times keep the buildings and improvements which
are now or shall hereafter be erected upon the premises insured against loss or
damage by fire, to the amount of at least $........, by some insurance company
or companies approved by beneficiary, the policies for which insurance shall be
made payable, in case of loss, to beneficiary, and shall be delivered to and
held by the beneficiary as further security; and that in default thereof,
beneficiary may procure such insurance, not exceeding the amount aforesaid, to
be effected either upon the interest of trustee or upon the interest of
grantor, or his assigns, and in their names, loss, if any, being made payable
to beneficiary, and may pay and expend for premiums for such insurance such
sums of money as the beneficiary may deem necessary.

3. Covenant No.
3. That if, during the existence of the trust, there be commenced or pending
any suit or action affecting the conveyed premises, or any part thereof, or the
title thereto, or if any adverse claim for or against the premises, or any part
thereof, be made or asserted, the trustee or beneficiary may appear or
intervene in the suit or action and retain counsel therein and defend same, or
otherwise take such action therein as they may be advised, and may settle or
compromise same or the adverse claim; and in that behalf and for any of the
purposes may pay and expend such sums of money as the trustee or beneficiary
may deem to be necessary.

4. Covenant No.
4. That the grantor will pay to trustee and to beneficiary respectively, on
demand, the amounts of all sums of money which they shall respectively pay or
expend pursuant to the provisions of the implied covenants of this section, or
any of them, together with interest upon each of the amounts, until paid, from
the time of payment thereof, at the rate of ................ percent per annum.

5. Covenant No.
5. That in case grantor shall well and truly perform the obligation or pay or
cause to be paid at maturity the debt or promissory note, and all moneys agreed
to be paid by him, and interest thereon for the security of which the transfer
is made, and also the reasonable expenses of the trust in this section
specified, then the trustee, its successors or assigns, shall reconvey to the
grantor all the estate in the premises conveyed to the trustee by the grantor.
Any part of the trust property may be reconveyed at the request of the
beneficiary.

6. Covenant No.
6. That if default be made in the performance of the obligation, or in the
payment of the debt, or interest thereon, or any part thereof, or in the
payment of any of the other moneys agreed to be paid, or of any interest
thereon, or if any of the conditions or covenants in this section adopted by
reference be violated, and if the notice of breach and election to sell,
required by this chapter, be first recorded, then trustee, its successors or
assigns, on demand by beneficiary, or assigns, shall sell the above-granted
premises, or such part thereof as in its discretion it shall find necessary to
sell, in order to accomplish the objects of these trusts, in the manner
following, namely:

The trustees shall first give notice of the time and
place of such sale, in the manner provided [by the laws of this State
for the sale of real property under execution,] in NRS 107.080 and may [from
time to time] postpone such sale [by such advertisement as
it may deem reasonable, or without further advertisement,] not more than three times
by proclamation made to the persons assembled at the time and place previously
appointed and advertised for such sale, and on the day of sale so advertised,
or to which such sale may have been postponed, the trustee may sell the
property so advertised, or any portion thereof, at public auction, at the time
and place specified in the notice, [either]at a public location
in the county in which the property, or any part thereof, to be sold, is
situated, [or at the principal office of the trustee, in its discretion,]
to the highest cash bidder. The beneficiary, obligee, creditor, or the holder
or holders of the promissory note or notes secured thereby may bid and purchase
at such sale. The beneficiary may, after recording the notice of breach and
election, waive or withdraw the same or any proceedings thereunder, and shall
thereupon be restored to his former position and have and enjoy the same rights
as though such notice had not been recorded.

7. Covenant No.
7. That the trustee, upon such sale, shall make (without warranty), execute
and, after due payment made, deliver to purchaser or purchasers, his or their
heirs or assigns, a deed or deeds of the premises so sold which shall convey to
the purchaser all the title of the grantor in the trust premises, and shall
apply the proceeds of the sale thereof in payment, firstly, of the expenses of
such sale, together with the reasonable expenses of the trust, including
counsel fees, in an amount equal to ................ percent of the amount
secured thereby and remaining unpaid, which shall become due upon any default
made by grantor in any of the payments aforesaid; and also such sums, if any,
as trustee or beneficiary shall have paid, for procuring a search of the title
to the premises, or any part thereof, subsequent to the execution of the deed
of trust; and in payment, secondly, of the obligation or debts secured, and
interest thereon then remaining unpaid, and the amount of all other moneys with
interest thereon herein agreed or provided to be paid by grantor; and the
balance or surplus of such proceeds of sale it shall pay to grantor, his heirs,
executors, administrators or assigns.

8. Covenant No.
8. That in the event of a sale of the premises conveyed or transferred in
trust, or any part thereof, and the execution of a deed or deeds therefor under
such trust, the recital therein of default, and of recording notice of breach
and election of sale, and of the elapsing of the 3-month period, and of the
giving of notice of sale, and of a demand by beneficiary, his heirs or assigns,
that such sale should be made, shall be conclusive proof of such default,
recording, election, elapsing of time, and of the due giving of such notice,
and that the sale was regularly and validly made on due and proper demand by
beneficiary, his heirs and assigns; and any such deed or deeds with such
recitals therein shall be effectual and conclusive against grantor, his heirs
and assigns, and all other persons; and the receipt for the purchase money
recited or contained in any deed executed to the purchaser as aforesaid shall
be sufficient discharge to such purchaser from all obligation to see to the
proper application of the purchase money, according to the trusts aforesaid.

9. Covenant No.
9. That the beneficiary or his assigns may, from time to time, appoint another
trustee, or trustees, to execute the trust created by the deed of trust or
other conveyance in trust. A copy of a resolution of the board of directors of
beneficiary (if beneficiary be a corporation), certified by the secretary
thereof, under its corporate seal, or an instrument executed and acknowledged
by the beneficiary (if the beneficiary be a natural person), shall be
conclusive proof of the proper appointment of such substituted trustee. Upon
the recording of such certified copy or executed and acknowledged instrument,
the new trustee or trustees shall be vested with all the title, interest,
powers, duties and trusts in the premises vested in or conferred upon the
original trustee. If there be more than one trustee, either may act alone and
execute the trusts upon the request of the beneficiary, and all his acts
thereunder shall be deemed to be the acts of all trustees, and the recital in
any conveyance executed by such sole trustee of such request shall be
conclusive evidence thereof, and of the authority of such sole trustee to act.

Sec. 7. NRS 107.080 is hereby amended to read
as follows:

107.080 1. Except as otherwise provided in NRS
107.085, if any transfer in trust of any estate in real property is made after
March 29, 1927, to secure the performance of an obligation or the payment of
any debt, a power of sale is hereby conferred upon the
trustee to be exercised after a breach of the obligation for which the transfer
is security.

power of sale is hereby conferred upon the trustee to be
exercised after a breach of the obligation for which the transfer is security.

2. The power of sale must not be exercised, however,
until:

(a) In the case of any trust agreement coming into
force:

(1) On or after July 1, 1949, and before July 1,
1957, the grantor, or his successor in interest, a beneficiary under a
subordinate deed of trust or any other person who has a subordinate lien or
encumbrance of record on the property, has for a period of 15 days, computed as
prescribed in subsection 3, failed to make good the deficiency in performance
or payment; or

(2) On or after July 1, 1957, the grantor, or
his successor in interest, a beneficiary under a subordinate deed of trust or
any other person who has a subordinate lien or encumbrance of record on the
property, has for a period of 35 days, computed as prescribed in subsection 3,
failed to make good the deficiency in performance or payment;

(b) The beneficiary, the successor in interest of the
beneficiary or the trustee first executes and causes to be recorded in the
office of the recorder of the county wherein the trust property, or some part
thereof, is situated a notice of the breach and of his election to sell or
cause to be sold the property to satisfy the obligation; and

(c) Not less than 3 months have elapsed after the
recording of the notice.

3. The 15- or 35-day period provided in paragraph (a)
of subsection 2 commences on the first day following the day upon which the
notice of default and election to sell is recorded in the office of the county
recorder of the county in which the property is located and a copy of the
notice of default and election to sell is mailed by registered or certified
mail, return receipt requested and with postage prepaid to the grantor, and to
the person who holds the title of record on the date the notice of default and
election to sell is recorded, at their respective addresses, if known,
otherwise to the address of the trust property. The notice of default and
election to sell must describe the deficiency in performance or payment and may
contain a notice of intent to declare the entire unpaid balance due if
acceleration is permitted by the obligation secured by the deed of trust, but
acceleration must not occur if the deficiency in performance or payment is made
good and any costs, fees and expenses incident to the preparation or
recordation of the notice and incident to the making good of the deficiency in
performance or payment are paid within the time specified in subsection 2.

4. The trustee, or other
person authorized to make the sale under the terms of the trust deed or
transfer in trust, shall, after expiration of the 3-month period following the
recording of the notice of breach and election to sell, and before the making
of the sale, give notice of the time and place thereof [in the manner and for a
time not less than that required by law for the sale or sales of real property
upon execution. The sale itself may be made at the office of the trustee, if
the notice so provides, whether the property so conveyed in trust is located
within the same county as the office of the trustee or not.] by recording the notice of sale and by:

(a) Providing
the notice to each trustor and any other person entitled to notice pursuant to
this section by personal service or by mailing the notice by registered or
certified mail to the last known address of the trustor and any other person
entitled to such notice pursuant to this section;

(b) Posting a
similar notice particularly describing the property, for 20 days successively,
in three public places of the township or city where the property is situated
and where the property is to be sold; and

(c) Publishing
a copy of the notice three times, once each week for 3 consecutive weeks, in a
newspaper of general circulation in the county where the property is situated.

5. Every sale made under the provisions of this
section and other sections of this chapter vests in the purchaser the title of
the grantor and his successors in interest without equity or right of redemption.
A person who purchases property
pursuant to this section is not a bona fide purchaser, and the sale may be
declared void if the trustee or other person authorized to make the sale does
not substantially comply with the provisions of this section. The
sale of a lease of a dwelling unit of a cooperative housing corporation vests
in the purchaser title to the shares in the corporation which accompany the
lease.

________

CHAPTER 408, AB 427

Assembly Bill No. 427Committee on Government Affairs

CHAPTER 408

AN ACT relating to
housing; requiring each established place of business of a dealer,
manufacturer, general serviceman or specialty serviceman to include name of the
business and to conform to certain other requirements; authorizing the
Administrator of the Manufactured Housing Division of the Department of
Business and Industry to issue a cease and desist order against unlicensed
persons who engage in acts requiring a license; providing for the imposition of
certain remedies and penalties against such unlicensed persons; deleting the
provisions that require a person to obtain a license before engaging in the
business of a rebuilder, serviceman or installer of manufactured homes, mobile
homes or commercial coaches; prohibiting a person from engaging or offering to
engage in the business of a general serviceman or specialty serviceman without
a license to engage in that business issued by the Division; subjecting a
licensee to disciplinary action for failing to use certain forms for the sale
and listing for sale of a manufactured home, mobile home or commercial coach;
providing a penalty; and providing other matters properly relating thereto.

[Approved: June 14, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
489 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 8.5, inclusive, of this act.

Sec. 2. 1.
General serviceman means a person who owns or is the responsible managing
employee of a business which:

(a) Installs or
repairs the awnings, roofing, skirting, plumbing, heating or electrical systems
of a manufactured home, mobile home or commercial coach;

(b) Installs,
removes or tears down a manufactured home, mobile home or commercial coach at
the site where it will be or has been used for occupancy; or

(c) Reconstructs
a manufactured home, mobile home or commercial coach by the alteration,
addition or substitution of substantial or essential parts.

2. The term
does not include:

(a) A licensed
manufacturer engaged in the repair or service of a manufactured home, mobile
home or commercial coach that was manufactured by the licensed manufacturer;

(b) The owner
or purchaser of a manufactured home or mobile home who uses the manufactured
home or mobile home as his private residence; or

(c) The owner
or purchaser of a commercial coach who uses the commercial coach for his own
industrial, professional or commercial purposes.

Sec. 3. 1. Specialty serviceman means a
person who owns or is the responsible managing employee of a business which is
limited in the scope of the work it may perform on or in a manufactured home,
mobile home or commercial coach in accordance with NRS 489.325.

2. The term does not include:

(a) A licensed manufacturer engaged in the repair or
service of a manufactured home, mobile home or commercial coach that was
manufactured by the licensed manufacturer;

(b) The owner or purchaser of a manufactured home or
mobile home who uses the manufactured home or mobile home as his private
residence; or

(c) The owner
or purchaser of a commercial coach who uses the commercial coach for his own
industrial, professional or commercial purposes.

Sec. 4. Each
established place of business, including each branch office of that business,
must display a sign that:

1. Includes
the name under which business is conducted pursuant to a license issued
pursuant to this chapter; and

2. Conforms to
any regulations adopted by the Division relating to the size and placement of
the sign.

Sec. 5. 1.
A license issued pursuant to this chapter must not be used for any purpose by
any person other than the person to whom the license is issued.

2. The holder
of such a license shall not assign, transfer or otherwise authorize the use of
the license by any other person.

3. In addition to any other remedy or penalty authorized
pursuant to this chapter, if the holder of a license violates any provision of
this section, the violation is cause for the automatic cancellation and revocation of the
license.

Sec. 6. 1. The Administrator or his designee
shall issue an order to cease and desist to any person or combination of persons who:

(a) Engages in the business or acts in the capacity of a
licensee within this State, including, without limitation, commencing any work
for which a license is required pursuant to this chapter; or

(b) Submits a bid or enters into a contract for a job
located within this State for which a license is required pursuant to this
chapter,

Κ without having a license issued
pursuant to this chapter, unless that person or combination of persons is
exempt from licensure pursuant to this
chapter.

chapter. The order
must be served personally or by certified mail and is effective upon receipt.

2. If it
appears that any person or combination of persons has engaged in acts or
practices which constitute a violation of this chapter or the violation of an
order issued pursuant to subsection 1, the Administrator may request the
Attorney General, the district attorney of the county in which the alleged
violation occurred or the district attorney of any other county in which that
person or combination of persons maintains a place of business or resides, to
apply on behalf of the Administrator to the district court for an injunction
restraining the person or combination of persons from acting in violation of
this chapter. Upon a proper showing, a temporary restraining order, a
preliminary injunction or a permanent injunction may be granted. The Administrator,
as plaintiff in the action, is not required to prove any irreparable injury.

3. In seeking
injunctive relief against any person or combination of persons for an alleged
violation of this chapter, it is sufficient to allege that the person or
combination of persons, upon a certain day and in a certain county of this
State:

(a) Engaged in the business or acted in the capacity of a
licensee within this State; or

(b) Submitted a bid or entered into a contract for a
job located within this State for which a license is required pursuant to this
chapter,

Κ and the person or combination of
persons did not have a license issued pursuant to this chapter and was not
exempt from licensure pursuant to this chapter, without alleging any further or
more particular facts concerning the matter.

4. The
issuance of a restraining order or an injunction does not relieve the person or
combination of persons against whom the restraining order or injunction is
issued from criminal prosecution for practicing without a license.

5. If the
court finds that any person or combination of persons has willfully violated an
order issued pursuant to subsection 1, it shall impose a fine of not less than
$250 nor more than $1,000 for each violation of the order.

Sec. 7. 1.
It is unlawful for any person or combination of persons to:

(a) Engage in the business or act in the capacity of a
licensee within this State, including, without limitation, commencing any work
for which a license is required pursuant to this chapter; or

(b) Submit a
bid or enter into a contract for a job located within this State for which a
license is required pursuant to this chapter,

Κ without having a license issued
pursuant to this chapter, unless that person or combination of persons is
exempt from licensure pursuant to this chapter.

2. The
district attorneys in this State shall prosecute all violations of this section
which occur in their respective counties, unless the violations are prosecuted
by the Attorney General. Upon the request of the Administrator, the Attorney
General shall prosecute any violation of this section in lieu of prosecution by
the district attorney.

3. In addition
to any other remedy or penalty authorized pursuant to this chapter, any person
or combination of persons convicted of violating any provision of subsection 1
may be required to pay:

(b) Reasonable
costs of the investigation of the violation to the Division;

(c) Damages the
person or combination of persons caused as a result of the violation up to the
amount of any pecuniary gain from the violation; or

(d) Any
combination of paragraphs (a), (b) and (c).

4. If any person
or combination of persons submits a bid or enters into a contract in violation
of subsection 1, the bid or contract shall be deemed void.

Sec. 8. 1.
If any person or combination of persons violates the provisions of NRS 489.311
or subsection 1 of section 7 of this act, the Administrator may impose an
administrative fine of not less than $1,000 nor more than $10,000 for each
violation.

2. An
administrative fine imposed pursuant to this section is in addition to any
other remedy or penalty authorized pursuant to this chapter.

3. If the
administrative fine is not paid when due, the fine must be recovered in a civil
action brought by the Attorney General on behalf of the Administrator.

Sec. 8.5.1. Except as otherwise provided in this section, all money
collected from administrative fines imposed pursuant to this chapter must be
deposited in the State General Fund.

2. The
money collected from an administrative fine may be deposited with the State
Treasurer for credit to the Fund for Manufactured Housing created pursuant to
NRS 489.491 if:

(a) The
person pays the administrative fine without exercising his right to a hearing
to contest the administrative fine; or

(b) The
administrative fine is imposed in a hearing conducted by a hearing officer or
panel appointed by the Administrator.

3. The
Administrator may appoint one or more hearing officers or panels and may
delegate to those hearing officers or panels the power of the Administrator to
conduct hearings and other proceedings, determine violations, impose fines and
penalties and take other disciplinary action authorized by the provisions of
this chapter.

4. If money
collected from an administrative fine is deposited in the State General Fund,
the Administrator may present a claim to the State Board of Examiners for
recommendation to the Interim Finance Committee if money is needed to pay
attorneys fees or the costs of an investigation, or both.

Sec. 9. NRS 489.031 is hereby amended to read
as follows:

489.031 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 489.036 to 489.155,
inclusive, and sections 2 and 3 of
this act have the meanings ascribed to them in those sections.

Sec. 10. NRS 489.137 is hereby amended to
read as follows:

489.137 Salesman means any person employed by a
dealer [or rebuilder,] under any form of
contract or arrangement to sell, rent, lease, exchange or buy, or offer for
sale, rental, lease or exchange, an interest in a manufactured home, mobile
home or commercial coach to any person, and who receives or expects to receive
a commission, fee or any other consideration from his employer.

(a) Allow for alternative subjects, instructors,
schools and sources of programs, with consideration for specialized areas of
practice, availability and proximity of resources to the licensees and
applicants, and the time and expense required to participate in the programs.

(2) Manufactured housing firms and businesses
such as dealers, [installers, rebuilders,]general servicemen, specialty servicemen, manufacturers
of manufactured homes , mobile
homes or commercial coaches, and suppliers of the various
components for constructing such homes
[,]or coaches, including heating and
air-conditioning systems, material for roofing and siding, skirting, awnings
and other components;

(3) Professional and industry-related
organizations; and

(4) Other organized educational programs
concerning technical or specialized subjects, including in-house training
programs offered by an employer for his employees and participation in meetings
and conferences of industry-related organizations.

(d) Solicit advice and assistance from persons and
organizations that are knowledgeable in the construction, sale, installation,
rebuilding and servicing of manufactured homes , mobile homes or commercial coaches and the
method of educating licensees.

3. The Division is not responsible for the costs of
any continuing education program, but may participate in the funding of those
programs subject to legislative appropriations.

4. As used in this section, industry-related
organizations includes, without limitation, the:

(a) [National Manufactured Housing Federation;

(b)]
Manufactured Housing Institute;

[(c) Nevada Mobilehome Park]

(b) Manufactured
Home Community Owners Association;

[(d)](c) Nevada Association of Manufactured [Homeowners;

(e)]Home Owners, Inc.;

(d) Nevada
Association of Realtors; and

[(f)](e) Any other organization approved by the
Division.

Sec. 12. NRS 489.305 is hereby amended to
read as follows:

489.305 To open a branch office, a dealer, [installer,
rebuilder] or general
serviceman or specialty serviceman, as the case may be, must:

1. Obtain a license from the Division to operate the
branch office; and

2. Provide for direct supervision of the branch
office, either by himself or by employing a responsible managing employee.

Sec. 13. NRS 489.311 is hereby amended to
read as follows:

489.311 Except as otherwise provided by NRS 489.331, no person
may engage or offer to engage
in the business of a dealer, manufacturer, [rebuilder,]general serviceman
or [installer] specialty serviceman in this State, or be
entitled to any other license or permit required by this chapter, until he has
applied for and has been issued a license by the Division.

Sec. 14. NRS 489.321 is hereby amended to
read as follows:

489.321 1. An application for a manufacturers,
dealers, [rebuilders,]general servicemans or [installers] specialty servicemans
license must be filed upon forms supplied by the Division and include the
social security number of the applicant. The applicant must furnish:

(a) Any proof the Division may deem necessary that the
applicant is a manufacturer, dealer, [rebuilder,]general serviceman
or [installer.] specialty serviceman.

(b) Any proof the Division may require that the
applicant has an established place of business.

(c) Any proof the Division may require of the
applicants good character and reputation and of his fitness to engage in the
activities for which the license is sought.

(d) A complete set of his fingerprints and written
permission authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report. The Administrator may exchange
with the Central Repository and the Federal Bureau of Investigation any
information relating to the fingerprints of an applicant under this section.

(e) In the case of a dealer in new manufactured homes,
an instrument in the form prescribed by the Division executed by or on behalf
of the manufacturer certifying that the applicant is an authorized franchise
dealer for the make or makes concerned.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, [rebuilder,]general serviceman
or [installer,]specialty serviceman, proof of passing the
examination required under NRS 489.351.

(h) Any additional requirements the Division may from
time to time prescribe by regulation.

2. Within 60 days after the receipt of a complete
application, the Division shall issue or deny the license.

3. The Administrator may issue a provisional license
pending receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Division shall issue to the applicant a dealers,
manufacturers, [installers, rebuilders]general servicemans or specialty servicemans
license containing the applicants name and the address of his fixed place of
business.

4. Each license is valid for a period of 2 years [from]after the date of
issuance and may be renewed for like consecutive periods upon application to
and approval by the Division.

489.321 1. Applications for a manufacturers,
dealers, [rebuilders,]general servicemans or [installers] specialty servicemans
license must be filed upon forms supplied by the Division, and the applicant
shall furnish:

(a) Any proof the Division may deem necessary that the
applicant is a manufacturer, dealer, [rebuilder,]general serviceman
or [installer.] specialty serviceman.

(b) Any proof the Division may require that the
applicant has an established place of business.

(c) Any proof the Division may require of the
applicants good character and reputation and of his fitness to engage in the
activities for which the license is sought.

(d) A complete set of his fingerprints and written
permission authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report. The Administrator may exchange
with the Central Repository and the Federal Bureau of Investigation any
information respecting the fingerprints of an applicant under this section.

(e) In the case of a dealer in new manufactured homes,
an instrument in the form prescribed by the Division executed by or on behalf
of the manufacturer certifying that the applicant is an authorized franchise
dealer for the make or makes concerned.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, [rebuilder,]general serviceman
or [installer]specialty serviceman, proof of passing the
examination required under NRS 489.351.

(h) Any additional requirements the Division may from
time to time prescribe by regulation.

2. Within 60 days after receipt of a complete
application, the Division shall issue or deny the license.

3. The Administrator may issue a provisional license
pending receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Division shall issue to the applicant a dealers,
manufacturers, [installers, rebuilders]general servicemans or specialty servicemans
license certificate containing the applicants name and the address of his
fixed place of business.

4. Each license is valid for a period of 2 years [from]after the date of
issuance and may be renewed for like consecutive periods upon application to
and approval by the Division.

Sec. 16. NRS 489.323 is hereby amended to
read as follows:

489.323 If a licensee is [an installer, rebuilder]a general serviceman or
specialty serviceman
of manufactured homes, mobile
homes [,]or commercial coaches, or a responsible
managing employee or salesman, the Division shall not renew a license issued to
that licensee until the licensee has submitted proof satisfactory to the
Division that he has, during the 2-year period immediately preceding the
renewal of the license, completed at least 8 hours of continuing education
approved by the Division pursuant to NRS 489.285.

Sec. 17. NRS 489.325 is hereby amended to
read as follows:

489.325 1. The Administrator may adopt regulations
which provide for the [creation of a subclass of licensure for]licensing of specialty servicemen.

servicemen. A person licensed as a [limited]specialty serviceman
pursuant to this section must be limited in the scope of the work he may
perform to installation or repair in one of the following categories:

(a) Awnings, roofing or skirting;

(b) Plumbing;

(c) Heating and air-conditioning systems;

(d) Electrical systems; or

(e) Any other category that may be similarly licensed
by the State Contractors Board.

2. The Administrator shall provide in those regulations
for:

(a) The imposition of reasonable fees for application,
examination and licensure.

(b) The creation and administration of a written or
oral examination for each category of limited licensure.

(c) Minimum qualifications for such a license, including,
without limitation, the passage of the applicable examination.

3. A person who is licensed as a [limited]specialty serviceman
shall comply with each statute and regulation which applies to general servicemen,
including, without limitation, the payment of a fee required pursuant to
subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971.

Sec. 18. NRS 489.341 is hereby amended to
read as follows:

489.341 1. A person shall not act as a salesman in
this State or as a responsible managing employee for a person who sells,
leases, reconstructs, improves, repairs or installs any manufactured home,
mobile home or commercial coach subject to the provisions of this chapter
without first having received a license from the Division. Before issuing such
a license, the Division shall require:

(a) An application, signed and verified by the
applicant, stating that he desires to act as a salesman or responsible managing
employee and providing his residential address, his social security number and
the name and address of his employer.

(b) Proof of the employment of the applicant at the
time the application is filed. An applicant for a license as a responsible
managing employee shall submit proof of 2 years experience within the previous
4 years in the business in which the applicant is seeking to be licensed as a
responsible managing employee.

(c) Proof of the applicants good character and
reputation and of his fitness to act as a salesman or responsible managing
employee.

(d) A complete set of his fingerprints and written
permission authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report. The Administrator may exchange
with the Central Repository and the Federal Bureau of Investigation any
information relating to the fingerprints of an applicant.

(e) A statement as to whether any previous application
of the applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established by
regulation.

(g) The applicant to have passed the examination
required by NRS 489.351.

2. Within 60 days after the receipt of a complete
application, the Division shall issue or deny the license.

3. The Administrator may issue a provisional license
pending receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the applicant
is qualified, the Administrator shall issue to the applicant a license as a
salesman or a responsible managing employee. The license must contain the
licensees name and the address of his employers place of business.

4. Each license is valid for 2 years [from]after the date of
issuance and may be renewed for like consecutive periods upon application to
and approval by the Division.

5. A person licensed pursuant to this section shall
not engage in sales activity other than for the account of, or for and in
behalf of, a single employer who is a licensed dealer . [, rebuilder, serviceman
or installer.]

6. A license issued pursuant to this section may be
transferred to another licensed employer upon application and the payment of a
transfer fee of $10. When a salesman or responsible managing employee holding a
current license leaves the employment of one dealer, [rebuilder,]general serviceman
or [installer]specialty serviceman for that of another, the
new employer may employ the salesman or responsible managing employee pending
the transfer of the license if the transfer is completed within 10 days.

7. A license issued pursuant to this section must be
posted in a conspicuous place on the premises of the employer for whom the
holder of the license is licensed.

8. If a salesman or responsible managing employee
ceases to be employed by a licensed dealer, [rebuilder,]general serviceman
or [installer,]specialty serviceman, his license to act as a
salesman or responsible managing employee is automatically suspended and his
right to act in that capacity immediately ceases, and he shall not engage in
such an activity until reemployed by a licensed dealer, [rebuilder,]general serviceman
or [installer.]specialty serviceman. Every licensed salesman
and responsible managing employee shall report in writing to the Division every
change in his place of employment or termination of employment within 5 days
after the date of making the change.

Sec. 19. NRS 489.341 is hereby amended to
read as follows:

489.341 1. A person shall not act as a salesman in
this State or as a responsible managing employee for a person who sells,
leases, reconstructs, improves, repairs or installs any manufactured home,
mobile home or commercial coach subject to the provisions of this chapter
without first having received a license from the Division. Before issuing such
a license, the Division shall require:

(a) An application, signed and verified by the
applicant, stating that he desires to act as a salesman or responsible managing
employee and providing his residential address and the name and address of his
employer.

(b) Proof of the employment of the applicant at the
time the application is filed. An applicant for a license as a responsible
managing employee shall submit proof of 2 years experience within the previous
4 years in the business in which the applicant is seeking to be licensed as a
responsible managing employee.

(c) Proof of the applicants good character and
reputation and of his fitness to act as a salesman or responsible managing
employee.

(d) A complete set of his fingerprints and written
permission authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report. The Administrator may exchange
with the Central Repository and the Federal Bureau of Investigation any
information respecting the fingerprints of an applicant.

(e) A statement as to whether any previous application
of the applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established by
regulation.

(g) The applicant to have passed the examination
required by NRS 489.351.

(h) Any other information the Division deems necessary.

2. Within 60 days after receipt of a complete
application, the Division shall issue or deny the license.

3. The Administrator may issue a provisional license
pending receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Administrator shall issue to the applicant a
license as a salesman or a responsible managing employee. The license must
contain the licensees name and the address of his employers place of business.

4. Each license is valid for 2 years [from]after the date of
issuance and may be renewed for like consecutive periods upon application to
and approval by the Division.

5. A person licensed pursuant to this section shall
not engage in sales activity other than for the account of or for and in behalf
of a single employer who is a licensed dealer . [, rebuilder, serviceman
or installer.]

6. A license issued pursuant to this section may be
transferred to another licensed employer upon application and the payment of a
transfer fee of $10. When a salesman or responsible managing employee holding a
current license leaves the employment of one dealer, [rebuilder,]general serviceman
or [installer]specialty serviceman for that of another, the
new employer may employ the salesman or responsible managing employee pending
the transfer of the license if the transfer is completed within 10 days.

7. A license issued pursuant to this section must be
posted in a conspicuous place on the premises of the employer for whom the
holder of the license is licensed.

8. If a salesman or responsible managing employee
ceases to be employed by a licensed dealer, [rebuilder,]general serviceman
or [installer,]specialty serviceman, his license to act as a
salesman or responsible managing employee is automatically suspended and his
right to act in that capacity immediately ceases, and he shall not engage in
such an activity until reemployed by a licensed dealer, [rebuilder,]general serviceman
or [installer.]specialty serviceman. Every licensed salesman
and responsible managing employee shall report in writing to the Division every
change in his place of employment or termination of employment within 5 days [of] after the date of making
the change.

Sec. 20. NRS 489.342 is hereby amended to
read as follows:

489.342 1. A natural person who applies for the
issuance or renewal of a manufacturers, dealers, [rebuilders,
servicemans, installers,]general servicemans, specialty servicemans, salesmans
or managing employees license shall submit to the Division the statement
prescribed by the Welfare Division of the Department of
Human Resources pursuant to NRS 425.520.

Division of the Department of Human Resources pursuant to NRS
425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required
pursuant to subsection 1 in:

(a) The application or any other forms that must be
submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Division.

3. A manufacturers, dealers, [rebuilders,
servicemans, installers,]general servicemans, specialty servicemans, salesmans
or managing employees license may not be issued or renewed by the Division if
the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to
subsection 1; or

(b) Indicates on the statement submitted pursuant to
subsection 1 that he is subject to a court order for the support of a child and
is not in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the amount owed
pursuant to the order.

4. If an applicant indicates on the statement
submitted pursuant to subsection 1 that he is subject to a court order for the
support of a child and is not in compliance with the order or a plan approved
by the district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall advise
the applicant to contact the district attorney or other public agency enforcing
the order to determine the actions that the applicant may take to satisfy the
arrearage.

Sec. 21. NRS 489.343 is hereby amended to
read as follows:

489.343 1. Every partnership doing business as a
manufacturer, dealer, [rebuilder,]general serviceman or [installer]specialty serviceman in
this State shall designate one of its members, and every corporation doing
business as a manufacturer, dealer, [rebuilder,]general serviceman
or [installer]specialty serviceman in this State shall
designate one of its officers, to submit an application for a manufacturers,
dealers, [rebuilders,]general servicemans or [installers] specialty servicemans
license.

2. The Division shall issue a manufacturers,
dealers, [rebuilders,]general servicemans or [installers]specialty servicemans license
to the member or officer on behalf of the corporation or partnership, upon:

(a) The designated member or officer, in the case of a
dealer, [rebuilder,]general serviceman or [installer,]specialty serviceman, successfully
passing the examination requirement pursuant to NRS 489.351; and

(b) Compliance with all other requirements of law or
any other additional requirements the Division may from time to time prescribe
by regulation by the partnership or corporation, as well as by the designated
member or officer.

3. Upon receipt of the license , the designated member or officer is
entitled to perform all the acts authorized by a license issued by the
Division, except:

(a) That the license issued entitles the designated
member or officer to act pursuant to the terms and conditions of the license
issued by the Division only as officer or agent of the partnership or corporation,
and not on his own behalf; and

(b) That if the person designated by the partnership or
corporation:

(1) Is refused a license by the Division; or

(2) Ceases to be connected with the partnership
or corporation, ( the partnership or corporation may
designate another person who shall make application and qualify as in the first
instance.

Κ the
partnership or corporation may designate another person who shall make
application and qualify as in the first instance.

Sec. 22. NRS 489.344 is hereby amended to
read as follows:

489.344 Each member or officer of a partnership or
corporation who will perform or engage in any of the acts specified in NRS
489.076[,
489.105, 489.115 or 489.135,]or 489.115, or section 2 or 3 of this act, other
than the member or officer designated for [such]that purpose by the
partnership or corporation in the manner provided in NRS 489.343, [shall
make application]must apply for and take out a separate
manufacturers, dealers, [rebuilders,]general servicemans or [installers]specialty servicemans license
in his own name. The license issued to any such member or officer of a
partnership or corporation entitles the member or officer to act as a
manufacturer, dealer, [rebuilder,]general serviceman or [installer] specialty serviceman only
as an officer or agent of the partnership or corporation and not on his own
behalf.

Sec. 23. NRS 489.351 is hereby amended to
read as follows:

489.351 The Administrator shall require an oral or
written examination of each applicant for a license as a dealer, responsible
managing employee, [installer, rebuilder,] salesman ,general serviceman or specialty serviceman.

Sec. 24. NRS 489.391 is hereby amended to
read as follows:

489.391 The following grounds, among others,
constitute grounds for disciplinary action under NRS 489.381:

1. Except for a salesman, failure of the applicant to
have an established place of business or conducting business from a location
that is not authorized by the Division.

2. Financial insolvency of the applicant or licensee.

3. Material misstatement in the application or
otherwise furnishing false information to the Division.

4. Failure of a salesman or applicant for licensing as
a salesman to establish by proof satisfactory to the Division that he is
employed by a licensed dealer .[or rebuilder.]

5. Failure of an applicant for a license to provide
proof satisfactory to the Division of his good character and reputation and of
his fitness to engage in the activities for which the license is sought.

6. Any conduct before licensing which was in fact
unknown to the Division and would have been grounds for denial of a license had
the Division been aware of the conduct.

7. Obtaining or disclosing the contents of an examination
given by the Division.

Sec. 25. NRS 489.401 is hereby amended to
read as follows:

489.401 The following grounds, among others,
constitute grounds for disciplinary action pursuant to NRS 489.381:

1. The intentional publication, circulation or display
of any advertising which constitutes a deceptive trade practice as that term is
defined in NRS 598.0915 to 598.0925, inclusive.

2. Failure to include in any advertising the name of
the licensed dealer, [rebuilder,]general serviceman or [installer, or]specialty serviceman, or the
name under which he is doing business.

3. Making any substantial misrepresentation or false
promise which is likely to influence, persuade or induce, or continually
failing to fulfill promises to sell, breaching agreements or contracts or
making false promises by any means.

4. Failure to disclose all terms and conditions of a
sale, purchase or lease or offer to sell, purchase or lease a manufactured
home, mobile home or commercial coach.

5. Failure to disclose to a person with whom the
licensed dealer is dealing with regard to the sale, purchase or lease of a
manufactured home any material facts, structural defects or other material
information which the licensed dealer knew, or which by the exercise of
reasonable care and diligence should have known, concerning the manufactured
home or concerning the sale, purchase or lease of the manufactured home.

6. Failure to comply with the provisions of NRS
489.595.

7. Representing to any lender, guaranteeing agency or
other interested party, orally or through the preparation of false documents:

(a) An amount in excess of the actual sales price;

(b) A false amount as the down payment, earnest money
deposit or other valuable consideration;

(c) Terms differing from those actually agreed upon; or

(d) False information on a credit application.

8. Inducing an applicant to falsify his credit
application.

9. Failure to obtain from the holder of any lien or
security interest in a manufactured home, mobile home or commercial coach,
within 10 days before the closure of a sale of the manufactured home, mobile
home or commercial coach, a written acknowledgment that the holder of the lien
or security interest has received written notification of the sale.

Sec. 26. NRS 489.423 is hereby amended to
read as follows:

489.423 1. Upon a finding that a licensed dealer
knew, or by the exercise of reasonable care and diligence should have known, of
any unlawful act or violation of a provision of this chapter by a salesman, [rebuilder,
installer]general
serviceman or specialty
serviceman who is employed by or associated with the licensed
dealer, the [Division] Administrator may suspend or revoke the
license of the licensed dealer and impose [a] an administrative fine
upon him of not more than $1,000.

2. Upon a finding that a licensed dealer failed to
maintain adequate supervision of a salesman, [rebuilder, installer]general serviceman or
specialty serviceman
who, while employed by or associated with the licensed dealer, committed any
unlawful act or violated a provision of this chapter, the [Division]Administrator may
suspend or revoke the license of a licensed dealer and impose [a] an administrative fine
upon him of not more than $1,000.

Sec. 27. NRS 489.425 is hereby amended to
read as follows:

489.425 1. If the Division receives a copy of a court
order issued pursuant to NRS 425.540 that provides for the suspension of all
professional, occupational and recreational licenses, certificates and permits
issued to a person who is the holder of a manufacturers, dealers, [rebuilders,
servicemans, installers,]general servicemans, specialty servicemans, salesmans
or managing employees license, the Division shall deem the license issued to
that person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the Division receives a letter issued to the
holder of the license by the district attorney or other public agency pursuant
to NRS 425.550 stating that the holder of the license has complied with the subpoena
or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a manufacturers,
dealers, [rebuilders, servicemans, installers,]general servicemans, specialty
servicemans, salesmans or managing employees license that has
been suspended by a district court pursuant to NRS 425.540 if the Division
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person whose license was suspended stating that
the person whose license was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.

489.4971 1. The Account for Education and Recovery
Relating to Manufactured Housing is hereby created within the Fund for
Manufactured Housing to satisfy the claims of purchasers of manufactured homes,
mobile homes or commercial coaches against persons licensed pursuant to the
provisions of this chapter. Any balance in the Account over $500,000 at the end
of any fiscal year must be set aside and used by the Administrator for
education relating to manufactured homes, mobile homes, travel trailers or
commercial coaches.

2. Upon the issuance or renewal of the following
licenses by the Division, the licensee must pay , in addition to the original or renewal
license fee, a fee:

(a) For a dealers or manufacturers original license,
or [an]for any original limited dealers license ,[issued pursuant to NRS
489.281,] of $1,000.

(b) For a dealers or manufacturers renewal license,
or a renewal of any limited
dealers license ,[issued
pursuant to NRS 489.281,] of $600.

(c) For an original or renewal license for:

(1) A general serviceman [, rebuilder or installer,]or specialty serviceman, of
$150.

(2) A salesman, of $75.

(3) A responsible managing employee, of $100.

Κ Except as
otherwise provided in NRS 489.265, fees collected pursuant to this section must
be deposited in the State Treasury for credit to the Account.

3. A payment from the Account to satisfy the claim of
a purchaser specified in subsection 1 against a person who is licensed pursuant
to this chapter must be made only upon an appropriate court order that is
issued in an action for fraud, misrepresentation or deceit relating to an act
for which a license is required pursuant to this chapter.

4. If a purchaser specified in subsection 1 commences
an action specified in subsection 3 against a person who is licensed pursuant
to this chapter, the purchaser must serve a copy of the
complaint upon the Administrator within 30 days after the action is commenced.

chapter, the purchaser must serve a copy of the complaint
upon the Administrator within 30 days after the action is commenced.

Sec. 30. NRS 489.511 is hereby amended to
read as follows:

489.511 1. If a used or rebuilt manufactured home,
mobile home or commercial coach is sold in this State by a dealer ,[or rebuilder,]
the dealer [or rebuilder] shall complete a dealers [or
rebuilders] report of sale. The report must be in a form
prescribed by the Division and include a description of the manufactured home,
mobile home or commercial coach, the name and address of the seller and the
name and address of the buyer. If a security interest exists at the time of the
sale, or if in connection with the sale a security interest is taken or
retained by the seller[,
dealer or rebuilder]or dealer to secure all or part of the
purchase price, or a security interest is taken by a person who gives value to
enable the buyer to acquire rights in the manufactured home, mobile home or
commercial coach, the name and address of the secured party must be entered on
the dealers [or rebuilders] report of sale.

2. The dealer [or rebuilder]
shall submit the original of the dealers [or rebuilders]
report of sale to the Division within 45 days after the execution of all
instruments which the contract of sale requires to be executed at the time of
the sale, unless an extension of time is granted by the Division, together with
the endorsed certificate of title or certificate of ownership previously
issued. The dealer [or rebuilder] shall furnish one copy of
the report of sale to the buyer at the time of the sale. Within 45 days after
the sale, the dealer [or rebuilder] shall furnish one copy of
the report of sale to the assessor of the county in which the manufactured
home, mobile home or commercial coach will be located.

3. The dealer [or rebuilder]
shall require the buyer to sign an acknowledgment of taxes, on a form
prescribed by the Division, which includes a statement that the manufactured
home, mobile home or commercial coach is taxable in the county in which it is
located. The dealer shall deliver the buyers copy of the acknowledgment to him
at the time of sale and submit another copy to the county assessor of the
county in which the manufactured home, mobile home or commercial coach is to be
located.

4. If a used or rebuilt manufactured home, mobile home
or commercial coach is sold by a dealer [or rebuilder]
pursuant to an installment contract or other agreement by which the certificate
of title or certificate of ownership does not pass immediately from the seller
to the buyer upon the sale, the dealer [or rebuilder]
shall submit to the Division any information required by the regulations
adopted by the Administrator pursuant to NRS 489.272.

Sec. 31. NRS 489.521 is hereby amended to
read as follows:

489.521 1. If a used or rebuilt manufactured home,
mobile home or commercial coach is sold in this State by a person who is not a
dealer ,[or
rebuilder,] the seller or buyer , or both ,[of them]
shall submit to the Division, and a copy to the county assessor of the county
in which the manufactured home, mobile home or commercial coach is located, within
45 days after the sale:

(a) If a certificate of ownership has been issued in
this State, that certificate properly endorsed.

(b) If a certificate of title or other document of
title has been issued by a public authority of another state, territory or
country:

(2) A statement showing, if not included on the
endorsed certificate or document, the description of the manufactured home,
mobile home or commercial coach, the names and addresses of the buyer and
seller, and the name and address of any person who takes or retains a purchase
money security interest. The statement must be signed and acknowledged by the
seller and buyer.

(c) If a document of title has not been issued by any
public authority, a statement showing all the information and signed and
acknowledged in the manner required by subparagraph (2) of paragraph (b) of
subsection 1.

2. If a used or rebuilt manufactured home, mobile home
or commercial coach is sold by a person who is not a dealer [or
rebuilder] pursuant to an installment contract or other
agreement by which the certificate of title or certificate of ownership does
not pass immediately from the seller to the buyer upon the sale, the seller or
buyer, or both, shall submit to the Division any information required by the
regulations adopted by the Administrator pursuant to NRS 489.272.

Sec. 32. NRS 489.601 is hereby amended to
read as follows:

489.601 1. Except as otherwise provided in NRS 489.611, any
manufacturer[,
dealer or rebuilder]or dealer having an established place of
business in this State, and owning or controlling any new or used manufactured
home, mobile home or commercial coach, may move the manufactured home, mobile
home or commercial coach for the purposes of display, maintenance, sale or
exchange if there is displayed on it a special plate issued to the manufacturer[, dealer or rebuilder]or dealer as
provided by this section.

2. Upon issuance of a manufacturers[, dealers or rebuilders]or dealers license
pursuant to this chapter, the Division shall furnish to the licensee one or
more special plates for use on manufactured homes, mobile homes and commercial
coaches pursuant to subsection 1. Each plate must have displayed upon it the
identification number which is assigned to the manufacturer[, dealer or rebuilder]or dealer and may,
at the discretion of the Division, have a different letter or symbol on each
plate. The plates may be used interchangeably on the manufactured homes, mobile
homes or commercial coaches.

3. The Division shall, by regulation, determine the
number of plates to which each manufacturer[, dealer or rebuilder]or dealer is
entitled.

4. The Department shall supply the Division with the
special plates.

5. There must be paid to the Division a fee of $12 at
the time application for a special plate is made, and by the Division to the Department,
a fee of $5.50 for each special plate.

Sec. 33. NRS 489.7152 is hereby amended to
read as follows:

489.7152 The Administrator shall prescribe[, by regulation,]
the form of the [contract]contracts that must be used for the sale and listing for sale of a
manufactured home, mobile home or commercial coach. A licensee who fails to use the forms prescribed by the
Administrator pursuant to this section is subject to disciplinary action
pursuant to NRS 489.381.

Sec. 34. NRS 489.731 is hereby amended to
read as follows:

489.731 Unless further restricted by a local ordinance, if more
than 80 percent of the lots in the park where it is situated are occupied, it
is unlawful for a dealer, [an installer or a]general serviceman, specialty serviceman or salesman
to rent or lease a vacant mobile home lot unless:

1. Within 60 days he takes up residence in a manufactured
home or mobile home placed upon the lot; or

2. He releases the lot to a qualified tenant.

Κ After the
expiration of 60 days [from]after the date of rental of the lot to the
dealer, [installer] general serviceman, specialty serviceman or
salesman, any qualified tenant is entitled, upon written request to the
landlord, to obtain release of the lot.

Sec. 35. NRS 489.780 is hereby amended to
read as follows:

489.780The failure of a licensed dealer[, rebuilder]
or salesman to make the disclosure required pursuant to NRS 489.776 constitutes
grounds for disciplinary action pursuant to NRS 489.381.

Sec. 36. NRS 489.811 is hereby amended to
read as follows:

489.811 1. Except as otherwise provided in subsection 5, any person
who violates any of the provisions of this chapter is liable to the State for a
civil penalty of not more than $1,000 for each violation. Each violation of
this chapter or any regulation or order issued under it constitutes a separate
violation with respect to each manufactured
home, mobile home or commercial coach and with respect to each
failure or refusal to allow or perform an act required by this chapter or
regulation or order, except that the maximum civil penalty is $1,000,000 for
any related series of violations occurring within 1 year after the first
violation.

2. Before the adoption of any regulation for whose
violation a civil penalty may be imposed, the Administrator shall give at least
30 days written notice to every licensed manufacturer, dealer, [rebuilder,
installer and]general serviceman and specialty serviceman, and every other
interested party who has requested the notice.

3. An action to enforce a civil penalty must be
brought in a court of competent jurisdiction in the county in which the
defendant has his principal place of business.

4. All money collected as civil penalties pursuant to
the provisions of this chapter must be deposited in the State General Fund.

5. This section does not apply to a manufacturer[, dealer or rebuilder]or dealer of travel
trailers.

Sec. 37. NRS 118B.067 is hereby amended to
read as follows:

118B.067 1. If a landlord approves the placement of a
manufactured home on a lot in a park and it is determined after the home is
placed on the lot that the placement of the home does not comply with the
requirements of the local ordinances relating to that placement, the landlord
shall pay the cost to ensure compliance with those requirements.

2. A landlord shall notify any tenant who is bringing
a manufactured home which is new to the manufactured home park into the
manufactured home park that the provisions of NRS 489.311 require that only
persons licensed by the State of Nevada as [manufactured home
installers]general
servicemen are legally permitted to set up and install a manufactured
home. Before the tenant may bring such a manufactured home into the
manufactured home park, the tenant must provide to the landlord a copy of the
license issued pursuant to NRS 489.311 to the person who will be installing the
manufactured home.

Sec. 38. NRS 489.105, 489.135 and 489.145 are
hereby repealed.

Sec. 39. 1. Every person in this State who, on
October 1, 2005, holds a license as an installer, rebuilder or serviceman of a
manufactured home, mobile home or commercial coach shall be deemed to have been
issued a temporary license as a general serviceman or
specialty serviceman of a manufactured home, mobile home or commercial coach,
as appropriate.

temporary license as a general serviceman or specialty serviceman
of a manufactured home, mobile home or commercial coach, as appropriate.

2. A temporary license specified in subsection 1 expires
on:

(a) The next regularly scheduled date for renewal of the
original license of the person or July 1, 2007, whichever is earlier if, by
that date, the person has not applied for and received a license as a general
serviceman or specialty serviceman of a manufactured home, mobile home or
commercial coach, as appropriate; or

(b) The date the Manufactured Housing Division of the
Department of Business and Industry grants or denies the persons application
for a license as a general serviceman or specialty serviceman of a manufactured
home, mobile home or commercial coach, as appropriate,

Κ whichever occurs
first.

Sec. 40. 1. This section and sections 1 to 14,
inclusive, 16, 17, 18 and 20 to 39, inclusive, of this act become effective on
October 1, 2005.

2. Sections 14, 18, 20 and 27 of this act expire by
limitation on the date on which the provisions of 42 U.S.C. § 666 requiring
each state to establish procedures under which the state has authority to
withhold or suspend, or to restrict the use of professional, occupational and
recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

Κ are repealed by
the Congress of the United States.

3. Sections 15 and 19 of this act become effective on the
date on which the provisions of 42 U.S.C. § 666 requiring each state to establish
procedures under which the state has authority to withhold or suspend, or to
restrict the use of professional, occupational and recreational licenses of
persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

(a) Receives or accepts for delivery an application
for a refund anticipation loan;

(b) Delivers a check in payment of the proceeds of a
refund anticipation loan; or

(c) In any other manner, acts to allow or facilitates
the offering or making of a refund anticipation loan.

2. The term includes, without limitation, a tax
preparer who engages in any of the acts described in subsection 1.

3. The term does not include:

(a) A bank, thrift, savings association, industrial
bank or credit union operating under the laws of the United States or this
State;

(b) An affiliate, other than a tax preparer, that is a
servicer for such an entity; or

(c) Any person who acts solely as an intermediary and
does not deal with a customer in the making of a refund anticipation loan.

Sec. 5. Internal Revenue Service means the
Internal Revenue Service of the United States Department of the Treasury.

Sec. 6. Lender means a person who offers to
extend or extends credit to a customer in the form of a refund anticipation
loan.

Sec. 7. 1. Refund anticipation loan means a
loan offered or made to a customer by a lender or through a facilitator based
on the customers anticipated federal income tax refund.

2. The term includes, without limitation, a refund
anticipation loan offered or made using electronic commerce.

Sec. 8.1. Refund anticipation loan fee means
any fee, charge or other consideration imposed by a lender or a facilitator for
a refund anticipation loan.

2. The term does not include any fee, charge or other
consideration usually imposed by a facilitator in the ordinary course of
business for nonloan services, such as fees for preparing tax returns and fees
for the electronic filing of tax returns.

Sec. 9. 1. Refund anticipation loan fee
schedule means a listing or table of refund anticipation loan fees charged by
a lender or a facilitator for three or more representative refund anticipation
loan amounts.

2. A refund anticipation loan fee schedule must:

(a) List separately each fee or charge imposed and a
total of all fees and charges imposed which are related to the making of refund
anticipation loans; and

Sec. 14. A facilitator of a refund anticipation
loan shall post the refund anticipation loan fee schedule used by the
facilitator in a conspicuous place in every location at which the facilitator
conducts business.

Sec. 15. 1. If a facilitator of a refund
anticipation loan offers a customer an opportunity to apply for a refund
anticipation loan, the facilitator shall provide to the customer, before the
customer completes the application process, the following disclosures:

(a) The refund anticipation loan fee schedule used by
the facilitator; and

(b) A written statement or, if the transaction is
conducted using electronic commerce, an electronic statement, in at least
10-point type, containing the following information:

(1) A disclosure that the refund anticipation
loan is a loan which creates a legally enforceable debt and that the loan is
not the customers actual tax refund;

(2) A disclosure that the customer may file a
tax return electronically without applying for the refund anticipation loan;

(3) A disclosure of the average times,
according to the Internal Revenue Service, within which a person who does not
obtain a refund anticipation loan can expect to receive a tax refund if the
person:

(I) Files a tax return electronically and
the persons tax refund is directly deposited to the persons account or mailed
to the person; or

(II) Mails a tax return to the Internal
Revenue Service and the persons tax refund is directly deposited to the
persons account or mailed to the person;

(4) A disclosure that the Internal Revenue
Service does not guarantee that a person will be paid the full amount of an
anticipated tax refund and does not guarantee that an anticipated tax refund
will be deposited into a persons account or mailed to a person on a specific
date;

(5) A disclosure that the customer is responsible
for repayment of the refund anticipation loan and related fees and charges if
the anticipated tax refund is not paid or paid in full;

(6) A disclosure of the estimated time within
which the proceeds of the refund anticipation loan will be paid to the customer
if the loan is approved; and

(7) A disclosure of the fee or charge that will
be imposed, if any, if the refund anticipation loan is not approved.

2. In addition to the disclosures required pursuant
to subsection 1, the facilitator shall provide to the customer, before the loan
transaction is completed, the following additional disclosures:

(a) The estimated total fees and charges for obtaining
the refund anticipation loan; and

(b) The estimated annual percentage rate for the
refund anticipation loan calculated under the guidelines established by the
Truth in Lending Act and Regulation Z.

Sec. 16. A facilitator of a refund anticipation
loan shall not:

1. Misrepresent a material factor or condition of a
refund anticipation loan;

2. Fail to process the application for a refund
anticipation loan promptly after the customer applies for the loan;

3. Engage in any dishonest, fraudulent, unfair,
unconscionable or unethical practice or conduct in connection with a refund
anticipation loan;

4. Arrange for a lender to take a security interest
in any property of the customer, other than the proceeds of the customers tax
refund and the account into which that tax refund is deposited, to secure
payment of the loan; or

5. Offer a refund anticipation loan to a customer in
an amount that, when added to the refund anticipation loan fees and any other
fees or charges related to the loan or the preparation of the tax return,
exceeds the amount of the customers anticipated tax refund.

Sec. 17. Any person who knowingly and willfully
violates any provision of this chapter is guilty of a misdemeanor and shall be
punished by a fine of not more than $500 for each violation.

Sec. 18. 1. The remedies, penalties, duties and
prohibitions set forth in this chapter are not exclusive and are in addition to
any other remedies, penalties, duties and prohibitions provided by law.

2. Any
violation of this chapter constitutes a deceptive trade practice for the
purposes of the civil and administrative remedies and penalties set forth in
NRS 598.0903 to 598.0999, inclusive.

________

CHAPTER 410, SB 214

Senate Bill No. 214Committee on Finance

CHAPTER 410

AN ACT relating to
education; requiring the Department of Education to establish a monitoring
system for the statewide system of accountability; revising various provisions
governing the statewide system of accountability;
requiring the Department of Education to prescribe an educational involvement
accord for use in all public schools; requiring the Department of Education to
prescribe a code of honor relating to cheating; and providing other matters
properly relating thereto.

Section 1. Chapter
385 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
Department shall establish a monitoring system for the statewide system of
accountability. The monitoring system must:

(a) Include a common
formula that provides a comparison and analysis of the results of pupils on the
examinations that are administered pursuant to NRS 389.015 and 389.550,
identified by grade, school and school district.

(b) Identify
any inconsistencies of the results of the examinations administered pursuant to
NRS 389.015 compared with the results of the examinations administered pursuant
to NRS 389.550, including, without limitation, an identification of whether the
results of one or more subject areas on the examinations administered pursuant
to NRS 389.015 are significantly higher or lower than the results of the same
subject area or areas on the examinations that are administered pursuant to NRS
389.550.

(c) Identify
significant levels of achievement of pupils on the examinations that are
administered pursuant to NRS 389.550 and the high school proficiency
examination that is administered pursuant to NRS 389.015, identified by school
and by school district.

(d) Include
procedures for investigating, and if necessary, auditing any inconsistencies
identified pursuant to paragraph (b). The audit must include a review of data
from the applicable school district or school districts, school or schools, and
if practicable, class or classes.

2. On or
before October 1 of each year, the Department shall prepare a written summary
of the findings made pursuant to subsection 1. The written summary must be
provided to:

(a) The
Committee; and

(b) If the
findings show inconsistencies applicable to a particular school district or
school within a school district, the board of trustees of that school district.

3. The
Committee shall review the report submitted pursuant to subsection 2 and take
such action as it deems appropriate.

Sec. 2. NRS 385.210 is hereby amended to read as follows:

385.210 1. The Superintendent of Public Instruction
shall prescribe a convenient form of school register for the purpose of
securing accurate returns from the teachers of public schools.

2. The Superintendent shall prepare pamphlet copies of
the codified statutes relating to schools, and shall transmit a copy to each
school, school trustee and other school officer in this State. If the State
Board adopts regulations to carry out these codified statutes or if additions
or amendments are made to these codified statutes, the Superintendent shall
have the regulations, additions or amendments printed and transmitted
immediately thereafter. Each pamphlet must be marked State propertyto be
turned over to your successor in office. Each school shall maintain a copy of
the pamphlet with any regulations, additions or amendments in the school
library.

3. In addition to the requirements set forth in
subsection 2, the Superintendent shall, to the extent practicable and not later
than July 1 of each year, provide to the board of trustees of each school
district and to the governing body of each charter school a memorandum that
[describes] includes:

governing body
of each charter school a memorandum that [describes]includes:

(a) A
description of each statute newly enacted by the Legislature
which affects the public schools in this State and the pupils who are enrolled
in the public schools in this State. The memorandum may compile all the
statutes into one document.[If
a statute requires the State Board to take action to carry out the statute, the
memorandum must include a brief plan for carrying out the statute by the State
Board. In addition, the memorandum must include the date on which the statute
becomes effective and the date by which it must be carried into effect by a
school district or public school.

4.](b) A description of each bill, or
portion of a bill, newly enacted by the Legislature that appropriates or
authorizes money for public schools or for employees of a school district or
charter school, or both, or otherwise affects the money that is available for
public schools or for employees of school districts or charter schools, or
both, including, without limitation, each line item in a budget for such an
appropriation or authorization. The memorandum may compile all bills, or
portions of bills, as applicable, into one document.

(c) If a
statute or bill described in the memorandum requires the State Board or the
Department to take action to carry out the statute or bill, a brief plan for
carrying out that statute or bill.

(d) The
date on which each statute and bill described in the memorandum becomes effective
and the date by which it must be carried into effect by a school district or
public school, including, without limitation, a charter school.

4. If a
statute or bill described in subsection 3 is enacted during a special session
of the Legislature that concludes after July 1, the Superintendent shall
prepare an addendum to the memorandum that includes the information required by
this section for each such statute or bill. The addendum must be provided to
the board of trustees of each school district and the governing body of each
charter school not later than 30 days after the special session concludes.

5. The
Superintendent shall, if directed by the State Board, prepare and publish a
bulletin as the official publication of the Department.

Sec. 3. NRS 385.3455 is hereby amended to
read as follows:

385.3455 As used in NRS 385.3455 to 385.391,
inclusive, and section 1 of this
act, unless the context otherwise requires, the words and terms
defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to
them in those sections.

Sec. 4. NRS 385.34691 is hereby amended to
read as follows:

385.34691 1. The State Board shall prepare a plan to
improve the achievement of pupils enrolled in the public schools in this State.
The plan:

(a) Must be prepared in consultation with:

(1) Employees of the Department;

(2) At least one employee of a school district
in a county whose population is 100,000 or more, appointed by the Nevada
Association of School Boards;

(3) At least one employee of a school district
in a county whose population is less than 100,000, appointed by the Nevada
Association of School Boards; and

(4) At least one representative of the Statewide
Council for the Coordination of the Regional Training Programs created by NRS
391.516, appointed by the Council; and

(b) May be prepared in consultation with:

(1) Representatives of institutions of higher
education;

(2) Representatives of regional educational
laboratories;

(3) Representatives of outside consultant
groups;

(4) Representatives of the regional training
programs for the professional development of teachers and administrators
established pursuant to NRS 391.512;

(5) The Bureau; and

(6) Other persons who the State Board determines
are appropriate.

2. A plan to improve the achievement of pupils
enrolled in public schools in this State must include:

(a) A review and analysis of the data upon which the
report required pursuant to NRS 385.3469 is based and a review and analysis of
any data that is more recent than the data upon which the report is based.

(b) The identification of any problems or factors
common among the school districts or charter schools in this State, as revealed
by the review and analysis.

(c) Strategies based upon scientifically based
research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core
academic subjects, as set forth in NRS 389.018.

(d) Strategies to improve the academic achievement of
pupils enrolled in public schools in this State, including, without limitation,
strategies to:

(1) Instruct pupils who are not achieving to
their fullest potential[;] , including, without limitation:

(I)
The curriculum appropriate to improve achievement;

(II)
The manner by which the instruction will improve the achievement and
proficiency of pupils on the examinations administered pursuant to NRS 389.015
and 389.550; and

(III)
An identification of the instruction and curriculum that is specifically
designed to improve the achievement and proficiency of pupils in each subgroup
identified in paragraph (b) of subsection 1 of NRS 385.361;

(2) Increase the rate of attendance of pupils
and reduce the number of pupils who drop out of school;

(3) Integrate technology into the instructional
and administrative programs of the school districts;

(4) Manage effectively the discipline of pupils;
and

(5) Enhance the professional development offered
for the teachers and administrators employed at public schools in this State to
include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate
by the State Board.

(e) Strategies designed to provide to the pupils
enrolled in middle school, junior high school and high school, the teachers and
counselors who provide instruction to those pupils, and the parents and
guardians of those pupils information concerning:

(1) The requirements for admission to an
institution of higher education and the opportunities for financial aid;

(2) The availability of millennium scholarships
pursuant to NRS 396.911 to 396.938, inclusive; and

(3) The need for a pupil to make informed
decisions about his curriculum in middle school, junior high school and high
school in preparation for success after graduation.

(f) An identification, by category, of the employees of
the Department who are responsible for ensuring that each provision of the plan
is carried out effectively.

(g) For each provision of the plan, a timeline for
carrying out that provision, including, without limitation, a timeline for
monitoring whether the provision is carried out effectively.

(h) For each provision of the plan, measurable criteria
for determining whether the provision has contributed toward improving the
academic achievement of pupils, increasing the rate of attendance of pupils and
reducing the number of pupils who drop out of school.

(i) Strategies to improve the allocation of resources
from this State, by program and by school district, in a manner that will
improve the academic achievement of pupils. If this State has a financial analysis
program that is designed to track educational expenditures and revenues to
individual schools, the State Board shall use that statewide program in
complying with this paragraph. If a statewide program is not available, the
State Board shall use the Departments own financial analysis program in
complying with this paragraph.

(j) Based upon the reallocation of resources set forth
in paragraph (i), the resources available to the State Board and the Department
to carry out the plan[.] , including, without limitation, a
budget for the overall cost of carrying out the plan.

(k) A summary of the effectiveness of appropriations
made by the Legislature to improve the academic achievement of pupils and
programs approved by the Legislature to improve the academic achievement of
pupils.

3. The State Board shall:

(a) Review the plan prepared pursuant to this section
annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make
revisions, as necessary, to ensure that the plan is designed to improve the
academic achievement of pupils enrolled in public schools in this State.

4. On or before December 15 of each year, the State
Board shall submit the plan or the revised plan, as applicable, to the:

(a) Governor;

(b) Committee;

(c) Bureau;

(d) Board of Regents of the University of Nevada;

(e) Council to Establish Academic Standards for Public
Schools created by NRS 389.510;

(f) Board of trustees of each school district; and

(g) Governing body of each charter school.

Sec. 5. NRS 385.348 is hereby amended to read as
follows:

385.348 1. The board of trustees of each school
district shall, in consultation with the employees of the school district,
prepare a plan to improve the achievement of pupils enrolled in the school
district, excluding pupils who are enrolled in charter schools located in the
school district. If the school district is a Title I school district designated
as demonstrating need for improvement pursuant to NRS 385.377, the plan must
also be prepared in consultation with parents and guardians of pupils enrolled
in the school district and other persons who the board of
trustees determines are appropriate.

district and other persons who the board of trustees
determines are appropriate.

2. Except as otherwise provided in this subsection,
the plan must include the items set forth in 20 U.S.C. § 6316(c)(7) and the
regulations adopted pursuant thereto. If a school district has not been
designated as demonstrating need for improvement pursuant to NRS 385.377, the
board of trustees of the school district is not required to include those items
set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant
thereto that directly relate to the status of a school district as needing
improvement.

3. In addition to the requirements of subsection 2, a
plan to improve the achievement of pupils enrolled in a school district must
include:

(a) A review and analysis of the data upon which the
report required pursuant to subsection 2 of NRS 385.347 is based and a review
and analysis of any data that is more recent than the data upon which the
report is based.

(b) The identification of any problems or factors at
individual schools that are revealed by the review and analysis.

(c) Strategies based upon scientifically based
research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core
academic subjects, as set forth in NRS 389.018.

(d) Strategies to improve the academic achievement of
pupils enrolled in the school district , including, without limitation, strategies
to:

(1) Instruct pupils who are not achieving to
their fullest potential[;] , including, without limitation:

(I)
The curriculum appropriate to improve achievement;

(II)
The manner by which the instruction will improve the achievement and
proficiency of pupils on the examinations administered pursuant to NRS 389.015
and 389.550; and

(III)
An identification of the instruction and curriculum that is specifically
designed to improve the achievement and proficiency of pupils in each subgroup
identified in paragraph (b) of subsection 1 of NRS 385.361;

(2) Increase the rate of attendance of pupils
and reduce the number of pupils who drop out of school;

(3) Integrate technology into the instructional
and administrative programs of the school district;

(4) Manage effectively the discipline of pupils;
and

(5) Enhance the professional development offered
for the teachers and administrators employed by the school district to include
the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the
board of trustees of the school district.

(e) An identification, by category, of the employees of
the school district who are responsible for ensuring that each provision of the
plan is carried out effectively.

(f) In consultation with the Department, an
identification, by category, of the employees of the Department, if any, who
are responsible for overseeing and monitoring whether the plan is carried out
effectively.

(g) For each provision of the plan, a timeline for
carrying out that provision, including, without limitation, a timeline for
monitoring whether the provision is carried out effectively.

(h) For each provision of the plan, measurable criteria
for determining whether the provision has contributed toward improving the
academic achievement of pupils, increasing the rate of
attendance of pupils and reducing the number of pupils who drop out of school.

achievement of pupils, increasing the rate of attendance of
pupils and reducing the number of pupils who drop out of school.

(i) Strategies to improve the allocation of resources
from the school district, by program and by school, in a manner that will
improve the academic achievement of pupils. If this State has a financial
analysis program that is designed to track educational expenditures and
revenues to individual schools, each school district shall use that statewide
program in complying with this paragraph. If a statewide program is not
available, each school district shall use its own financial analysis program in
complying with this paragraph.

(j) Based upon the reallocation of resources set forth
in paragraph (i), the resources available to the school district to carry out
the plan[.] , including, without limitation, a
budget of the overall cost for carrying out the plan.

(k) A summary of the effectiveness of appropriations
made by the Legislature that are available to the school district or the
schools within the school district to improve the academic achievement of
pupils and programs approved by the Legislature to improve the academic
achievement of pupils.

(l) An
identification of the programs, practices and strategies that are used
throughout the school district and by the schools within the school district
that have proven successful in improving the achievement and proficiency of
pupils, including, without limitation:

(1)
An identification of each school that carries out such a program, practice or
strategy;

(2)
An indication of which programs, practices and strategies are carried out
throughout the school district and which programs, practices and strategies are
carried out by individual schools;

(3)
The extent to which the programs, practices and strategies include methods to
improve the achievement and proficiency of pupils in each subgroup identified
in paragraph (b) of subsection 1 of NRS 385.361; and

(4)
A description of how the school district disseminates information concerning
the successful programs, practices and strategies to all schools within the
school district.

4. The board of trustees of each school district
shall:

(a) Review the plan prepared pursuant to this section
annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make
revisions, as necessary, to ensure that the plan is designed to improve the
academic achievement of pupils enrolled in the school district.

5. On or before December 15 of each year, the board of
trustees of each school district shall submit the plan or the revised plan, as
applicable, to the:

(a) Superintendent of Public Instruction;

(b) Governor;

(c) State Board;

(d) Department;

(e) Committee; and

(f) Bureau.

Sec. 6. NRS 385.357 is hereby amended to read
as follows:

385.357 1. The principal of each school, including,
without limitation, each charter school, shall, in consultation with the
employees of the school, prepare a plan to improve the achievement of the
pupils enrolled in the school.

(a) A review and analysis of the data pertaining to the
school upon which the report required pursuant to subsection 2 of NRS 385.347
is based and a review and analysis of any data that is more recent than the
data upon which the report is based.

(b) The identification of any problems or factors at
the school that are revealed by the review and analysis.

(c) Strategies based upon scientifically based
research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core
academic subjects, as defined in NRS 389.018.

(d) Policies and practices concerning the core academic
subjects which have the greatest likelihood of ensuring that each subgroup of
pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are
enrolled in the school will make adequate yearly progress and meet the minimum
level of proficiency prescribed by the State Board.

(e) Annual measurable objectives, consistent with the
annual measurable objectives established by the State Board pursuant to NRS
385.361, for the continuous and substantial progress by each subgroup of pupils
identified in paragraph (b) of subsection 1 of that section who are enrolled in
the school to ensure that each subgroup will make adequate yearly progress and
meet the level of proficiency prescribed by the State Board.

(f) Strategies, consistent with the policy adopted
pursuant to NRS 392.457 by the board of trustees of the school district in
which the school is located, to promote effective involvement by parents and
families of pupils enrolled in the school in the education of their children.

(g) As appropriate, programs of remedial education or
tutoring to be offered before and after school, during the summer, or between
sessions if the school operates on a year-round calendar for pupils enrolled in
the school who need additional instructional time to pass or to reach a level
considered proficient.

(h) Strategies to improve the academic achievement of
pupils enrolled in the school, including, without limitation, strategies to:

(1) Instruct pupils who are not achieving to
their fullest potential[;] , including, without limitation:

(I)
The curriculum appropriate to improve achievement;

(II)
The manner by which the instruction will improve the achievement and
proficiency of pupils on the examinations administered pursuant to NRS 389.015
and 389.550; and

(III)
An identification of the instruction and curriculum that is specifically
designed to improve the achievement and proficiency of pupils in each subgroup
identified in paragraph (b) of subsection 1 of NRS 385.361;

(2) Increase the rate of attendance of pupils
and reduce the number of pupils who drop out of school;

(3) Integrate technology into the instructional
and administrative programs of the school;

(4) Manage effectively the discipline of pupils;
and

(5) Enhance the professional development offered
for the teachers and administrators employed at the school to include the
activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the
principal and other persons and entities responsible for the development of the
plan.

(i) An identification, by category, of the employees of
the school who are responsible for ensuring that the plan is carried out
effectively.

(j) In consultation with the school district or
governing body, as applicable, an identification, by category, of the employees
of the school district or governing body, if any, who are responsible for
ensuring that the plan is carried out effectively or for overseeing and
monitoring whether the plan is carried out effectively.

(k) In consultation with the Department, an
identification, by category, of the employees of the Department, if any, who
are responsible for overseeing and monitoring whether the plan is carried out
effectively.

(l) For each provision of the plan, a timeline for
carrying out that provision, including, without limitation, a timeline for
monitoring whether the provision is carried out effectively.

(m) For each provision of the plan, measurable criteria
for determining whether the provision has contributed toward improving the
academic achievement of pupils, increasing the rate of attendance of pupils and
reducing the number of pupils who drop out of school.

(n) The resources available to the school to carry out
the plan. If this State has a financial analysis program that is designed to
track educational expenditures and revenues to individual schools, each school
shall use that statewide program in complying with this paragraph. If a
statewide program is not available, each school shall use the financial
analysis program used by the school district in which the school is located in
complying with this paragraph.

(o) A summary of the effectiveness of appropriations
made by the Legislature that are available to the school to improve the
academic achievement of pupils and programs approved by the Legislature to
improve the academic achievement of pupils.

(p) A
budget of the overall cost for carrying out the plan.

3. In addition to the requirements of subsection 2, if
a school has been designated as demonstrating need for improvement pursuant to
NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the
regulations adopted pursuant thereto.

4. Except as otherwise provided in subsection 5, the
principal of each school shall, in consultation with the employees of the
school:

(a) Review the plan prepared pursuant to this section
annually to evaluate the effectiveness of the plan; and

(b) Based upon the evaluation of the plan, make
revisions, as necessary, to ensure that the plan is designed to improve the
academic achievement of pupils enrolled in the school.

5. If a school has been designated as demonstrating
need for improvement pursuant to NRS 385.3623, the technical assistance
partnership or the support team established for the school, as applicable,
shall review the plan and make revisions to the most recent plan for
improvement of the school pursuant to NRS 385.3692 or 385.3741, as applicable.
If the school is a Title I school that has been designated as demonstrating
need for improvement, the technical assistance partnership or support team
established for the school, as applicable, shall, in making revisions to the
plan, work in consultation with parents and guardians of pupils enrolled in the
school and, to the extent deemed appropriate by the entity responsible for
creating the partnership or support team, outside experts.

6. On or before November 1 of each year, the principal
of each school, or the technical assistance partnership or support team
established for the school, as applicable, shall submit the plan or the revised
plan, as applicable, to:

(a) If the school is a public school of the school
district, the superintendent of schools of the school district.

(b) If the school is a charter school, the governing
body of the charter school.

7. If a Title I school is designated as demonstrating
need for improvement pursuant to NRS 385.3623, the superintendent of schools of
the school district or the governing body, as applicable, shall carry out a
process for peer review of the plan or the revised plan, as applicable, in
accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant
thereto. Not later than 45 days after receipt of the plan, the superintendent
of schools of the school district or the governing body, as applicable, shall
approve the plan or the revised plan, as applicable, if it meets the requirements
of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the
requirements of this section. The superintendent of schools of the school
district or the governing body, as applicable, may condition approval of the
plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. §
6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board
shall prescribe the requirements for the process of peer review, including,
without limitation, the qualifications of persons who may serve as peer
reviewers.

8. If a school is designated as demonstrating
exemplary achievement, high achievement or adequate achievement, or if a school
that is not a Title I school is designated as demonstrating need for
improvement, not later than 45 days after receipt of the plan or the revised
plan, as applicable, the superintendent of schools of the school district or
the governing body, as applicable, shall approve the plan or the revised plan
if it meets the requirements of this section.

9. On or before December 15 of each year, the
principal of each school, or the technical assistance partnership or support
team established for the school, as applicable, shall submit the final plan or
the final revised plan, as applicable, to the:

(a) Superintendent of Public Instruction;

(b) Governor;

(c) State Board;

(d) Department;

(e) Committee;

(f) Bureau; and

(g) Board of trustees of the school district in which
the school is located.

10. A plan for the improvement of a school must be
carried out expeditiously, but not later than January 1 after approval of the
plan pursuant to subsection 7 or 8, as applicable.

Secs. 7 and 8. (Deleted by amendment.)

Sec. 9. Chapter 386 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Not
later than 60 days after receipt of a memorandum pursuant to subsection 3 of
NRS 385.210 or an addendum to a memorandum pursuant to subsection 4 of that
section, the governing body of a charter school shall determine which statutes
and bills described in the memorandum or
addendum, as applicable, directly affect pupils, parents, teachers,
administrators or other educational personnel of the charter school and require
a plan for implementation.

addendum, as
applicable, directly affect pupils, parents, teachers, administrators or other
educational personnel of the charter school and require a plan for
implementation. If the governing body determines that a statute or bill
requires a plan for implementation, the governing body shall prepare a brief
plan, which must ensure that the charter school will comply with the statute or
bill on the date on which the statute or bill becomes effective and thereafter.

2. The
governing body of a charter school shall provide to the parents and legal
guardians of pupils who are enrolled in the charter school, and to all
teachers, administrators and other educational personnel who are employed by
the charter school, written notice of the:

(a) Information
contained in the memorandum provided pursuant to subsection 3 of NRS 385.210 or
the addendum provided pursuant to subsection 4 of that section, as applicable,
that directly affects pupils, parents, teachers, administrators or other
educational personnel of the charter school; and

(b) Brief
plan for implementation of the statutes or bills, if any.

3. The
written notice provided pursuant to subsection 2 to the parents and legal
guardians may be:

(a) Included
in other notices that the charter school provides to parents and legal
guardians.

(b) Provided in
a language other than English if the governing body determines that it is
necessary for the parent or legal guardian to understand the notice.

Sec. 10. NRS 386.360 is hereby amended to
read as follows:

386.360 1. Not later than 60 days after receipt of [such]
a memorandum pursuant to subsection 3 of NRS 385.210 [from the Superintendent
of Public Instruction,]or an addendum to a memorandum pursuant to subsection 4 of
that section, the board of trustees of a school district shall
determine which statutes and bills
described in the memorandum or addendum, as applicable, directly
affect pupils, parents, teachers, administrators or other educational personnel
and require a plan for implementation. If the board of trustees determines that
a statute or bill requires
a plan for implementation, the board of trustees shall prepare a brief plan,
which must ensure that the school district and the public schools within the
school district will comply with the statute or bill on the date on which the statute or bill becomes effective
and thereafter.

2. The
board of trustees shall provide written notice to the parents and legal guardians of pupils who are
enrolled in public schools within the school district, and to all teachers,
administrators and other educational personnel who are employed by the board of
trustees and the governing body of each charter school that is located within
the school district of the [information]:

(a) Information
contained in the memorandum provided pursuant to subsection 3 of
NRS 385.210 or the addendum
provided pursuant to subsection 4 of that section, as applicable, that
directly affects pupils, parents, teachers, administrators or other educational
personnel ; and [a
brief]

(b) Brief plan
for implementation of the statutes[,]or bills, if any . [, to the parents and
legal guardians of pupils who are enrolled in public schools within the school
district and all teachers, administrators and other educational personnel who
are employed by the board of trustees.]

3. The
written notice provided pursuant
to subsection 2 to the parents and legal guardians may be:

(a) Included in other notices that the board of
trustees provides to parents and legal guardians.

(b) Provided in a language other than English if the
board of trustees determines that it is necessary for the parent or legal
guardian to understand the notice.

[2.]4. Each board of trustees may prescribe or
enforce rules, not inconsistent with law or rules prescribed by the State
Board, for its own government and the government of public schools under its
charge.

[3.]5. Each board of trustees shall prescribe
rules for the granting of permission to carry or possess a weapon pursuant to
NRS 202.265.

Sec. 11. NRS 386.500 is hereby amended to
read as follows:

386.500 For the purposes of NRS 386.500 to 386.610,
inclusive, and section 9 of this
act, a pupil is at risk if he has an economic or academic
disadvantage such that he requires special services and assistance to enable
him to succeed in educational programs. The term includes, without limitation,
pupils who are members of economically disadvantaged families, pupils who are
limited English proficient, pupils who are at risk of dropping out of high
school and pupils who do not meet minimum standards of academic proficiency.
The term does not include a pupil with a disability.

Sec. 12. NRS 389.012 is hereby amended to read as
follows:

389.012 1.
The State Board shall:

[1.](a) In accordance with guidelines established
by the National Assessment Governing Board and National Center for Education
Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations
adopted pursuant thereto, adopt regulations requiring the schools of this State
that are selected by the National Assessment Governing Board or the National
Center for Education Statistics to participate in the examinations of the
National Assessment of Educational Progress.

[2.](b) Report the results of those examinations
to the:

[(a)] (1) Governor;

[(b)](2) Board of trustees of each school district
of this State;

[(c)](3) Legislative Committee on Education created
pursuant to NRS 218.5352; and

[(d)](4) Legislative Bureau of Educational
Accountability and Program Evaluation created pursuant to NRS 218.5356.

[3.](c) The report
required pursuant to subsection 2 must include an analysis and comparison of
the results of pupils in this State on the examinations required by this
section with:

[(a)](1) The results of pupils throughout this
country who participated in the examinations of the National Assessment of
Educational Progress; and

[(b)](2) The results of pupils on the achievement
and proficiency examinations administered pursuant to this chapter.

2. If the
report required by this section indicates that the percentage of pupils
enrolled in the public schools in this State who are proficient on the National
Assessment of Educational Progress differs by more than 10 percent of the
pupils who are proficient on the examinations administered pursuant to NRS 389.550
and the high school proficiency examination administered pursuant to NRS
389.015, the Department shall prepare a written report describing the
discrepancy. The report must include, without limitation, a comparison and
evaluation of:

(a) The
standards of content and performance for English and mathematics established
pursuant to NRS 389.520 with the standards for English and mathematics that are
tested on the National Assessment.

(b) The
standards for proficiency established for the National Assessment with the
standards for proficiency established for the examinations that are
administered pursuant to NRS 389.550 and the high school proficiency
examination administered pursuant to NRS 389.015.

3. The
report prepared by the Department pursuant to subsection 2 must be submitted to
the:

(a) Governor;

(b) Legislative
Committee on Education;

(c) Legislative
Bureau of Educational Accountability and Program Evaluation; and

(d) Council
to Establish Academic Standards for Public Schools.

4. The
Council to Establish Academic Standards for Public Schools shall review and
evaluate the report provided to the Council pursuant to subsection 3 to
identify any discrepancies in the standards of content and performance
established by the Council that require revision and a timeline for carrying
out the revision, if necessary. The Council shall submit a written report of its
review and evaluation to the Legislative Committee on Education and Legislative
Bureau of Educational Accountability and Program Evaluation.

Sec. 13. NRS 391.516 is hereby amended to
read as follows:

391.516 1. The Statewide Council for the Coordination
of the Regional Training Programs, consisting of nine members, is hereby
created. The membership of the Council consists of:

(a) Each coordinator [appointed]hired by the
governing body of each regional training program pursuant to NRS 391.532.

(b) One member of the governing body of each regional
training program, appointed by the governing body. The member appointed
pursuant to this paragraph may appoint a designee to serve in his place.

(c) One representative of the Nevada State Education
Association, appointed by the President of that Association.

2. Each coordinator who serves on the Statewide
Council is a member of the Statewide Council only for the period of his service
as coordinator of the regional training program pursuant to NRS 391.532.

3. Each member appointed by the governing body
pursuant to paragraph (b) of subsection 1 and the member appointed pursuant to
paragraph (c) of subsection 1 serve a term of 2 years.

4. Members of the Statewide Council serve without
salary, but are entitled to receive the per diem allowance and travel expenses
provided for state officers and employees generally for each day or portion of
a day during which a member attends a meeting of the Statewide Council or is
otherwise engaged in the work of the Statewide Council. For the members of the
Statewide Council who are appointed pursuant to paragraphs (a) and (b) of
subsection 1, the governing body of the regional training program represented
by those members shall pay the per diem allowance and travel expenses. For the
member of the Statewide Council who is appointed pursuant to paragraph (c) of
subsection 1, the Nevada State Education Association shall pay the per diem
allowance and travel expenses.

5. The governing bodies of the regional training
programs may mutually agree to expend a portion of their respective budgets to
pay for the administrative support of the Statewide Council.

Sec. 14. NRS 391.532 is hereby amended to
read as follows:

391.532 1. The governing body of each regional
training program shall [appoint]:

(a) Employ
or otherwise contract with a coordinator of the program, who
serves at the pleasure of the governing body.

(b) Set
the salary or other compensation of the coordinator.

2. The coordinator of each regional training program
shall:

(a) Serve on the Statewide Council;

(b) Assist in the evaluation of the regional training
program, as directed by the governing body; and

(c) Perform such other duties as directed by the
governing body.

Sec. 15. NRS 391.536 is hereby amended to
read as follows:

391.536 1. On an annual basis, the governing body of
each regional training program shall review the budget for the program and
submit a proposed budget to the Legislative Committee on Education. The
proposed budget must include, without limitation, the amount of money requested
by the governing body to pay for the [services]salary or other compensation of
the coordinator of the program [appointed]hired pursuant to NRS 391.532. In
even-numbered years, the proposed budget must be submitted to the Legislative
Committee on Education at least 4 months before the commencement of the next
regular session of the Legislature.

2. The governing body of a regional training program
may:

(a) Accept gifts and grants from any source to assist
the governing body in providing the training required by NRS 391.544.

(b) Comply with applicable federal laws and regulations
governing the provision of federal grants to assist with the training provided
pursuant to NRS 391.544, including, without limitation, providing money from
the budget of the governing body to match the money received from a federal
grant.

Sec. 16. NRS 391.540 is hereby amended to
read as follows:

391.540 1. The governing body of each regional
training program shall:

(a) Adopt a training model, taking into consideration
other model programs, including, without limitation, the program used by the
Geographic Alliance in Nevada.

(b) Assess the training needs of teachers and
administrators who are employed by the school districts within the primary
jurisdiction of the regional training program and adopt priorities of training
for the program based upon the assessment of needs. The board of trustees of
each such school district may submit recommendations to the appropriate
governing body for the types of training that should be offered by the regional
training program.

(c) In
making the assessment required by paragraph (b), review the plans to improve
the achievement of pupils prepared pursuant to NRS 385.348 by the school
districts within the primary jurisdiction of the regional training program and,
as deemed necessary by the governing body, review the plans to improve the
achievement of pupils prepared pursuant to NRS 385.357 for individual schools
within the primary jurisdiction of the regional training program.

(d) Prepare
a 5-year plan for the regional training program, which includes, without
limitation:

(1) An assessment of the training needs of
teachers and administrators who are employed by the school districts within the
primary jurisdiction of the regional training program; and

(2) Specific details of the training that will
be offered by the regional training program for the first 2 years covered by
the plan.

[(d)](e) Review the 5-year plan on an annual basis
and make revisions to the plan as are necessary to serve the training needs of
teachers and administrators employed by the school districts within the primary
jurisdiction of the regional training program.

2. The Department, the University and Community
College System of Nevada and the board of trustees of a school district may
request the governing body of the regional training program that serves the
school district to provide training, participate in a program or otherwise
perform a service that is in addition to the duties of the regional training
program that are set forth in the plan adopted pursuant to this section or
otherwise required by statute. An entity may not represent that a regional
training program will perform certain duties or otherwise obligate the regional
training program as part of an application by that entity for a grant unless
the entity has first obtained the written confirmation of the governing body of
the regional training program to perform those duties or obligations. The
governing body of a regional training program may, but is not required to,
grant a request pursuant to this subsection.

Sec. 17. Chapter 392 of NRS is hereby amended
by adding thereto the provisions set forth as sections 17.3 and 17.5 of this
act.

Sec. 17.3 1. The Department shall prescribe a form for educational involvement accords to be used by all
public schools in this State. The educational involvement accord must comply with the parental
involvement policy:

(a) Required by
the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

(b) Adopted by
the State Board pursuant to NRS 392.457.

2. Each
educational involvement accord must include, without limitation:

(a) A
description of how the parent or legal guardian will be involved in the
education of the pupil, including, without limitation:

(1) Reading
to the pupil, as applicable for the grade or reading level of the pupil;

(2) Reviewing
and checking the pupils homework; and

(3) Contributing
5 hours of time each school year, including, without limitation, by attending
school-related activities, parent-teacher association meetings, parent-teacher
conferences, volunteering at the school and chaperoning school-sponsored
activities.

(b) The
responsibilities of a pupil in a public school, including, without limitation:

(1) Reading
each day before or after school, as applicable for the grade or reading level
of the pupil;

(2) Using
all school equipment and property appropriately and safely;

(3) Following
the directions of any adult member of the staff of the school;

(c) The
responsibilities of a public school and the administrators, teachers and other
personnel employed at a school, including, without limitation:

(1) Ensuring
that each pupil is provided proper instruction, supervision and interaction;

(2) Maximizing
the educational and social experience of each pupil;

(3) Carrying
out the professional responsibility of educators to seek the best interest of
each pupil; and

(4) Making
staff available to the parents and legal guardians of pupils to discuss the
concerns of parents and legal guardians regarding the pupils.

3. Each educational involvement accord must be
accompanied by, without limitation:

(a) Information describing how the parent or legal
guardian may contact the pupils teacher and the principal of the school in
which the pupil is enrolled;

(b) The curriculum of the course or standards for the
grade in which the pupil is enrolled, as applicable, including, without
limitation, a calendar that indicates the dates of major examinations and the
due dates of significant projects, if those dates are known by the teacher at
the time that the information is distributed;

(c) The homework and grading policies of the pupils
teacher or school;

(d) Directions for finding resource materials for the
course or grade in which the pupil is enrolled, as applicable;

(e) Suggestions for parents and legal guardians to
assist pupils in their schoolwork at home;

(f) The dates of scheduled conferences between
teachers or administrators and the parents or legal guardians of the pupil;

(g) The manner in which reports of the pupils
progress will be delivered to the parent or legal guardian and how a parent or
legal guardian may request a report of progress;

(h) The classroom rules and policies;

(i) The dress code of the school, if any;

(j) The availability of assistance to parents who have
limited proficiency in the English language;

(k) Information describing the availability of free
and reduced-price meals, including, without limitation, information regarding
school breakfast, school lunch and summer meal programs;

(l) Opportunities for parents and legal guardians to
become involved in the education of their children and to volunteer for the
school or class; and

(m) The code of honor relating to cheating prescribed
pursuant to section 17.5 of this act.

4. The board of trustees of each school district
shall adopt a policy providing for the development and distribution of the
educational involvement accord. The policy adopted by a board of trustees must
require each classroom teacher to:

(a) Distribute the educational involvement accord to
the parent or legal guardian of each pupil in his class at the beginning of
each school year or upon a pupils enrollment in the class, as applicable; and

(b) Provide
the parent or legal guardian with a reasonable opportunity to sign the
educational involvement accord.

5. Except
as otherwise provided in this subsection, the board of trustees of each school
district shall ensure that the form prescribed by the Department is used for
the educational involvement accord of each public school in the school
district. The board of trustees of a school district may authorize the use of
an expanded form that contains additions to the form prescribed by the
Department if the basic information contained in the expanded form complies with
the form prescribed by the Department.

6. The
Department and the board of trustees of each school district shall, at least
once each year, review and amend their respective educational involvement
accords.

Sec. 17.5.1. The Department shall prescribe by regulation a written
policy that establishes a code of honor for pupils relating to cheating on
examinations and course work. The policy must be developed in consultation with
the boards of trustees of school districts, the governing bodies of charter
schools, educational personnel employed by school districts and charter
schools, and local associations and organizations of parents whose children are
enrolled in public schools throughout this State.

2. The policy
must include, without limitation, a definition of cheating that clearly and
concisely informs pupils which acts constitute cheating for purposes of the
code of honor.

3. On or
before July 1 of each year, the Department shall:

(a) Provide a
copy of the code of honor to the board of trustees of each school district and
the governing body of each charter school.

(b) Review and
amend the code of honor as necessary.

4. Copies
of the code of honor must be made available for inspection at each public
school located within a school district, including, without limitation, each
charter school, in an area on the grounds of the school that is open to the
public.

Secs. 18-22. (Deleted by amendment.)

Sec. 23. The Department of Education shall:

1. On or before December 1, 2005, submit to the Legislative
Committee on Education a written report that sets forth the proposed monitoring
system for the statewide system of accountability that includes the elements
prescribed in section 1 of this act.

2. On or before July 1, 2006, adopt a final version of the
monitoring system to be carried out beginning with the 2006-2007 school year.

Sec. 24. The Department of Education shall
participate in any national study that determines whether the standards of
content and performance for the State of Nevada are calibrated to the standards
that are measured on the National Assessment of Educational Progress if such a
study is available and if the study will not require any additional expenditure
of money by the Department.

Sec. 25. (Deleted by amendment.)

Sec. 26. This act becomes effective on July 1, 2005.

________

κ2005
Statutes of Nevada, Page 1662κ

CHAPTER 411, AB 162

Assembly Bill No.
162Committee on Education

CHAPTER 411

AN ACT relating to
education; revising provisions governing the operation of charter schools, the
employees of charter schools and the enrollment of pupils in charter schools;
providing for the issuance of a license to teach to certain persons with
graduate degrees and work experience; and providing other matters properly
relating thereto.

[Approved: June 14, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
386 of NRS is hereby amended by adding thereto a new section to read as
follows:

The provisions
of NRS 386.500 to 386.610, inclusive, and any other statute or regulation
applicable to charter schools or its officers or employees govern the formation
and operation of charter schools in this State. Upon the first renewal of a
written charter and each renewal thereafter, the sponsor of a charter school
shall not prescribe additional requirements or otherwise require a charter
school to comply with additional terms or conditions unless the sponsor is
specifically authorized by statute, regulation or the written charter.

Sec. 2. NRS 386.500 is hereby amended to read
as follows:

386.500 For the purposes of NRS 386.500 to 386.610,
inclusive, and section 1 of this
act, a pupil is at risk if he has an economic or academic
disadvantage such that he requires special services and assistance to enable
him to succeed in educational programs. The term includes, without limitation,
pupils who are members of economically disadvantaged families, pupils who are
limited English proficient, pupils who are at risk of dropping out of high
school and pupils who do not meet minimum standards of academic proficiency.
The term does not include a pupil with a disability.

Sec. 3. NRS 386.527 is hereby amended to read
as follows:

386.527 1. If the State Board or the board of
trustees of a school district approves an application to form a charter school,
it shall grant a written charter to the applicant. The State Board or the board
of trustees, as applicable, shall, not later than 10 days after the approval of
the application, provide written notice to the Department of the approval and
the date of the approval. If the board of trustees approves the application,
the board of trustees shall be deemed the sponsor of the charter school.

2. If
the State Board approves the application:

(a) The State Board shall be deemed the sponsor of the
charter school.

(b) Neither the State of Nevada, the State Board nor
the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

[2.] 3. Upon the initial renewal of a written charter and each
renewal thereafter, the governing body of a charter school may request a change
in the sponsorship of the charter school to an entity that is authorized to
sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt objective criteria for the conditions under which such a
request may be granted.

adopt objective
criteria for the conditions under which such a request may be granted.

4. Except
as otherwise provided in subsection [4,]6, a written charter must
be for a term of 6 years unless the governing body of a charter school renews
its initial charter after 3 years of operation pursuant to subsection 2 of NRS
386.530. A written charter must include all conditions of operation set forth
in paragraphs (a) to (o), inclusive, of subsection 2 of NRS 386.520 and include
the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020
for which the charter school is authorized to operate. If the State Board is
the sponsor of the charter school, the written charter must set forth the
responsibilities of the sponsor and the charter school with regard to the
provision of services and programs to pupils with disabilities who are enrolled
in the charter school in accordance with the Individuals with Disabilities
Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520,
inclusive. As a condition of the issuance of a written charter pursuant to this
subsection, the charter school must agree to comply with all conditions of
operation set forth in NRS 386.550.

[3.]5. The governing body of a charter school may
submit to the sponsor of the charter school a written request for an amendment
of the written charter of the charter school. Such an amendment may include,
without limitation, the expansion of instruction and other educational services
to pupils who are enrolled in grade levels other than the grade levels of
pupils currently enrolled in the charter school if the expansion of grade
levels does not change the kind of school, as defined in NRS 388.020, for which
the charter school is authorized to operate. If the proposed amendment complies
with the provisions of this section, NRS 386.500 to 386.610, inclusive, and section 1 of this act, and
any other statute or regulation applicable to charter schools, the sponsor
shall amend the written charter in accordance with the proposed amendment. If a
charter school wishes to expand the instruction and other educational services
offered by the charter school to pupils who are enrolled in grade levels other
than the grade levels of pupils currently enrolled in the charter school and
the expansion of grade levels changes the kind of school, as defined in NRS
388.020, for which the charter school is authorized to operate, the charter
school must submit a new application to form a charter school.

[4.]6. The State Board shall adopt objective
criteria for the issuance of a written charter to an applicant who is not
prepared to commence operation on the date of issuance of the written charter.
The criteria must include, without limitation, the:

(a) Period for which such a written charter is valid;
and

(b) Timelines by which the applicant must satisfy
certain requirements demonstrating its progress in preparing to commence
operation.

Κ A holder of
such a written charter may apply for grants of money to prepare the charter
school for operation. A written charter issued pursuant to this subsection must
not be designated as a conditional charter or a provisional charter or
otherwise contain any other designation that would indicate the charter is
issued for a temporary period.

[5.]7. The holder of a written charter that is
issued pursuant to subsection [4]6 shall not commence operation of the charter
school and is not eligible to receive apportionments pursuant to NRS 387.124
until the sponsor has determined that the requirements adopted by the State
Board pursuant to subsection [4]6 have been satisfied and that the facility
the charter school will occupy has been inspected and
meets the requirements of any applicable building codes, codes for the
prevention of fire, and codes pertaining to safety, health and sanitation.

charter school will occupy has been inspected and meets the
requirements of any applicable building codes, codes for the prevention of
fire, and codes pertaining to safety, health and sanitation. Except as
otherwise provided in this subsection, the sponsor shall make such a
determination 30 days before the first day of school for the:

(a) Schools of the school district in which the charter
school is located that operate on a traditional school schedule and not a
year-round school schedule; or

(b) Charter school,

Κ whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.

Sec. 4. NRS 386.580 is hereby amended to read
as follows:

386.580 1. An application for enrollment in a charter
school may be submitted to the governing body of the charter school by the
parent or legal guardian of any child who resides in this State. Except as
otherwise provided in this subsection[,]and subsection 2, a
charter school shall enroll pupils who are eligible for enrollment in the order
in which the applications are received. If the board of trustees of the school
district in which the charter school is located has established zones of
attendance pursuant to NRS 388.040, the charter school shall, if practicable,
ensure that the racial composition of pupils enrolled in the charter school
does not differ by more than 10 percent from the racial composition of pupils
who attend public schools in the zone in which the charter school is located. [If]Except as otherwise provided in
subsection 2, if more pupils who are eligible for enrollment
apply for enrollment in the charter school than the number of spaces which are
available, the charter school shall determine which applicants to enroll pursuant to this subsection
on the basis of a lottery system.

2. A
charter school that is dedicated to providing educational programs and
opportunities to pupils who are at risk may enroll a child who:

(a) Is a
sibling of a pupil who is currently enrolled in the charter school; or

(b) Resides
within 2 miles of the charter school if the charter school is located in an
area that the sponsor of the charter school determines includes a high
percentage of children who are at risk,

Κ before the charter school enrolls
other pupils who are eligible for enrollment. If more pupils described in this
subsection who are eligible apply for enrollment than the number of spaces
available, the charter school shall determine which applicants to enroll
pursuant to this subsection on the basis of a lottery system.

3. Except
as otherwise provided in subsection [6,]7, a charter school shall
not accept applications for enrollment in the charter school or otherwise
discriminate based on the:

[3.]4. If the governing body of a charter school
determines that the charter school is unable to provide an appropriate special
education program and related services for a particular disability of a pupil
who is enrolled in the charter school, the governing body may request that the
board of trustees of the school district of the county in which the pupil
resides transfer that pupil to an appropriate school.

[4.]5. Except as otherwise provided in this
subsection, upon the request of a parent or legal guardian of a child who is
enrolled in a public school of a school district or a private school, or a
parent or legal guardian of a homeschooled child, the governing body of the
charter school shall authorize the child to participate in a class that is not
otherwise available to the child at his school or home school or participate in
an extracurricular activity at the charter school if:

(a) Space for the child in the class or extracurricular
activity is available; and

(b) The parent or legal guardian demonstrates to the
satisfaction of the governing body that the child is qualified to participate
in the class or extracurricular activity.

Κ If the
governing body of a charter school authorizes a child to participate in a class
or extracurricular activity pursuant to this subsection, the governing body is
not required to provide transportation for the child to attend the class or
activity. A charter school shall not authorize such a child to participate in a
class or activity through a program of distance education provided by the
charter school pursuant to NRS 388.820 to 388.874, inclusive.

[5.]6. The governing body of a charter school may
revoke its approval for a child to participate in a class or extracurricular
activity at a charter school pursuant to subsection [4]5 if the governing body
determines that the child has failed to comply with applicable statutes, or
applicable rules and regulations. If the governing body so revokes its approval,
neither the governing body nor the charter school is liable for any damages
relating to the denial of services to the child.

[6.]7. This section does not preclude the
formation of a charter school that is dedicated to provide educational services
exclusively to pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that
they warrant an educational program specifically designed to serve a single
gender and emphasize personal responsibility and rehabilitation; or

(c) Who are at risk.

Κ If more
eligible pupils apply for enrollment in such a charter school than the number
of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to
this subsection on the basis of a lottery system.

Sec. 5. NRS 386.595 is hereby amended to read
as follows:

386.595 1. All employees of a charter school shall be
deemed public employees.

2. [Except as otherwise provided in this subsection, the
provisions of the collective bargaining agreement entered into by the board of
trustees of the school district in which the charter school is located apply to
the terms and conditions of employment of employees of the charter school who
are on a leave of absence from the school
district pursuant to subsection 5, including, without limitation, any
provisions relating to representation by the employee organization that is a
party to the collective bargaining agreement of the school district in a
grievance proceeding or other dispute arising out of the agreement.

a leave of
absence from the school district pursuant to subsection 5, including, without
limitation, any provisions relating to representation by the employee
organization that is a party to the collective bargaining agreement of the
school district in a grievance proceeding or other dispute arising out of the
agreement. The provisions of the collective bargaining agreement apply to each
employee for the first 3 years that he is on a leave of absence from the school
district. After the first 3 years that the employee is on a leave of absence:

(a) If he
is subsequently reassigned by the school district pursuant to subsection 5, he
is covered by the collective bargaining agreement of the school district.

(b) If he
continues his employment with the charter school, he is covered by the
collective bargaining agreement of the charter school, if applicable.

3. Except
as otherwise provided in subsection 2, the]The governing body of a
charter school may make all
decisions concerning the terms and conditions of employment with the charter
school and any other matter relating to employment with the charter school. In
addition, the governing body may make all employment decisions
with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive,
unless a collective bargaining agreement entered into by the governing body
pursuant to chapter 288 of NRS contains separate provisions relating to the
discipline of licensed employees of a school.

[4.]3. Except as otherwise
provided in this subsection, if the written charter of a charter school is
revoked or if a charter school ceases to operate as a charter school, the employees
of the charter school must be reassigned to employment within the school
district in accordance with the applicable collective bargaining agreement. A
school district is not required to reassign an employee of a charter school
pursuant to this subsection if the employee:

(a) Was not granted a leave of absence by the school
district to teach at the charter school pursuant to subsection [5;] 4; or

(b) Was granted a leave of absence by the school
district and did not submit a written request to return to employment with the
school district in accordance with subsection [5.]4.

[5.]4. The board of trustees
of a school district that is a sponsor of a charter school shall grant a leave
of absence, not to exceed 6 years, to any employee who is employed by the board
of trustees who requests such a leave of absence to accept employment with the
charter school. After the first school year in which an employee is on a leave
of absence, he may return to his former teaching position with the board of
trustees. After the third school year, an employee who is on a leave of absence
may submit a written request to the board of trustees to return to a comparable
teaching position with the board of trustees. After the sixth school year, an
employee shall either submit a written request to return to a comparable
teaching position or resign from the position for which his leave was granted.
The board of trustees shall grant a written request to return to a comparable
position pursuant to this subsection even if the return of the employee
requires the board of trustees to reduce the existing workforce of the school
district. The board of trustees may require that a request to return to a
teaching position submitted pursuant to this subsection be submitted at least
90 days before the employee would otherwise be required to report to duty.

[6.]5. An employee who is on
a leave of absence from a school district pursuant to this section [shall]:

(a) Shall contribute
to and be eligible for all benefits for which he would otherwise be entitled,
including, without limitation, participation in the Public Employees
Retirement System and accrual of time for the purposes of leave and retirement.

(b) Continues,
while he is on leave, to be covered by the collective bargaining agreement of
the school district only with respect to any matter relating to his status or
employment with the district.

Κ The time
during which such an employee is on
a leave of absence and employed in a charter school does not
count toward the acquisition of permanent status with the school district.

[7.] 6. Upon the return of a teacher to
employment in the school district, he is entitled to the same level of
retirement, salary and any other benefits to which he would otherwise be
entitled if he had not taken a leave of absence to teach in a charter school.

[8.]7. An employee of a
charter school who is not on a leave of absence from a school district is
eligible for all benefits for which he would be eligible for employment in a
public school, including, without limitation, participation in the Public
Employees Retirement System.

[9.]8. For all employees of a charter school:

(a) The compensation that a teacher or other school
employee would have received if he were employed by the school district must be
used to determine the appropriate levels of contribution required of the
employee and employer for purposes of the Public Employees Retirement System.

(b) The compensation that is paid to a teacher or other
school employee that exceeds the compensation that he would have received if he
were employed by the school district must not be included for the purposes of calculating
future retirement benefits of the employee.

[10.]9. If the board of trustees of a school
district in which a charter school is located manages a plan of group insurance
for its employees, the governing body of the charter school may negotiate with
the board of trustees to participate in the same plan of group insurance that
the board of trustees offers to its employees. If the employees of the charter
school participate in the plan of group insurance managed by the board of
trustees, the governing body of the charter school shall:

(a) Ensure that the premiums for that insurance are
paid to the board of trustees; and

(b) Provide, upon the request of the board of trustees,
all information that is necessary for the board of trustees to provide the
group insurance to the employees of the charter school.

Sec. 6. NRS 387.123 is hereby amended to read
as follows:

387.123 1. The count of pupils for apportionment
purposes includes all pupils who are enrolled in programs of instruction of the
school district, including, without limitation, a program of distance education
provided by the school district, or pupils who reside in the county in which
the school district is located and are enrolled in any charter school,
including, without limitation, a program of distance education provided by a
charter school, for:

(a) Pupils in the kindergarten department.

(b) Pupils in grades 1 to 12, inclusive.

(c) Pupils not included under paragraph (a) or (b) who
are receiving special education pursuant to the provisions of NRS 388.440 to
388.520, inclusive.

(d) Pupils who reside in the county and are enrolled
part time in a program of distance education if an agreement is filed with the
Superintendent of Public Instruction pursuant to NRS 388.854 or 388.858, as
applicable.

(e) Children detained in facilities for the detention
of children, alternative programs and juvenile forestry camps receiving
instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

(f) Pupils who are enrolled in classes pursuant to
subsection 4 of NRS 386.560 and pupils who are enrolled in classes pursuant to
subsection [4]5 of NRS 386.580.

(g) Pupils who are enrolled in classes pursuant to
subsection 3 of NRS 392.070.

(h) Pupils who are enrolled in classes and taking
courses necessary to receive a high school diploma, excluding those pupils who
are included in paragraphs (d), (f) and (g).

2. The State Board shall establish uniform regulations
for counting enrollment and calculating the average daily attendance of pupils.
In establishing such regulations for the public schools, the State Board:

(a) Shall divide the school year into 10 school months,
each containing 20 or fewer school days, or its equivalent for those public
schools operating under an alternative schedule authorized pursuant to NRS
388.090.

(b) May divide the pupils in grades 1 to 12, inclusive,
into categories composed respectively of those enrolled in elementary schools
and those enrolled in secondary schools.

(c) Shall prohibit the counting of any pupil specified
in subsection 1 more than once.

3. Except as otherwise provided in subsection 4 and
NRS 388.700, the State Board shall establish by regulation the maximum
pupil-teacher ratio in each grade, and for each subject matter wherever
different subjects are taught in separate classes, for each school district of
this State which is consistent with:

(a) The maintenance of an acceptable standard of
instruction;

(b) The conditions prevailing in the school district
with respect to the number and distribution of pupils in each grade; and

(c) Methods of instruction used, which may include
educational television, team teaching or new teaching systems or techniques.

Κ If the
Superintendent of Public Instruction finds that any school district is
maintaining one or more classes whose pupil-teacher ratio exceeds the
applicable maximum, and unless he finds that the board of trustees of the
school district has made every reasonable effort in good faith to comply with
the applicable standard, he shall, with the approval of the State Board, reduce
the count of pupils for apportionment purposes by the percentage which the number
of pupils attending those classes is of the total number of pupils in the
district, and the State Board may direct him to withhold the quarterly
apportionment entirely.

4. The provisions of subsection 3 do not apply to a
charter school or a program of distance education provided pursuant to NRS
388.820 to 388.874, inclusive.

Sec. 7. NRS 387.1233 is hereby amended to
read as follows:

387.1233 1. Except as otherwise provided in
subsection 2, basic support of each school district must be computed by:

(a) Multiplying the basic support guarantee per pupil
established for that school district for that school year by the sum of:

(1) Six-tenths the count of pupils enrolled in
the kindergarten department on the last day of the first school month of the
school district for the school year, including, without limitation, the count
of pupils who reside in the county and are enrolled in any charter school on
the last day of the first school month of the school district for the school
year.

(2) The count of pupils enrolled in grades 1 to
12, inclusive, on the last day of the first school month of the school district
for the school year, including, without limitation, the count of pupils who
reside in the county and are enrolled in any charter school on the last day of
the first school month of the school district for the school year.

(3) The count of pupils not included under
subparagraph (1) or (2) who are enrolled full time in a program of distance
education provided by that school district or a charter school located within
that school district on the last day of the first school month of the school
district for the school year.

(4) The count of pupils who reside in the county
and are enrolled:

(I) In a public school of the school
district and are concurrently enrolled part time in a program of distance
education provided by another school district or a charter school on the last
day of the first school month of the school district for the school year,
expressed as a percentage of the total time services are provided to those
pupils per school day in proportion to the total time services are provided
during a school day to pupils who are counted pursuant to subparagraph (2).

(II) In a charter school and are
concurrently enrolled part time in a program of distance education provided by
a school district or another charter school on the last day of the first school
month of the school district for the school year, expressed as a percentage of
the total time services are provided to those pupils per school day in
proportion to the total time services are provided during a school day to
pupils who are counted pursuant to subparagraph (2).

(5) The count of pupils not included under
subparagraph (1), (2), (3) or (4), who are receiving special education pursuant
to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the
first school month of the school district for the school year, excluding the
count of pupils who have not attained the age of 5 years and who are receiving
special education pursuant to subsection 1 of NRS 388.490 on that day.

(6) Six-tenths the count of pupils who have not
attained the age of 5 years and who are receiving special education pursuant to
subsection 1 of NRS 388.490 on the last day of the first school month of the
school district for the school year.

(7) The count of children detained in facilities
for the detention of children, alternative programs and juvenile forestry camps
receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and
388.570 on the last day of the first school month of the school district for
the school year.

(8) The count of pupils who are enrolled in
classes for at least one semester pursuant to subsection 4 of NRS 386.560,
subsection [4]5 of NRS 386.580 or subsection 3 of NRS
392.070, expressed as a percentage of the total time services are provided to
those pupils per school day in proportion to the total
time services are provided during a school day to pupils who are counted
pursuant to subparagraph (2).

to the total time services are provided during a school day
to pupils who are counted pursuant to subparagraph (2).

(b) Multiplying the number of special education program
units maintained and operated by the amount per program established for that
school year.

(c) Adding the amounts computed in paragraphs (a) and
(b).

2. If the enrollment of pupils in a school district or
a charter school that is located within the school district on the last day of
the first school month of the school district for the school year is less than
the enrollment of pupils in the same school district or charter school on the
last day of the first school month of the school district for either or both of
the immediately preceding 2 school years, the largest number must be used from
among the 3 years for purposes of apportioning money from the State
Distributive School Account to that school district or charter school pursuant
to NRS 387.124.

3. Pupils who are excused from attendance at
examinations or have completed their work in accordance with the rules of the
board of trustees must be credited with attendance during that period.

4. Pupils who are incarcerated in a facility or
institution operated by the Department of Corrections must not be counted for
the purpose of computing basic support pursuant to this section. The average
daily attendance for such pupils must be reported to the Department of
Education.

5. Pupils who are enrolled in courses which are
approved by the Department as meeting the requirements for an adult to earn a
high school diploma must not be counted for the purpose of computing basic
support pursuant to this section.

Sec. 8. Chapter 391 of NRS is hereby amended
by adding thereto a new section to read as follows:

A person who is
licensed pursuant to subparagraph (7) of paragraph (a) of subsection 1 of NRS
391.019:

1. Shall
comply with all applicable statutes and regulations.

2. Except as
otherwise provided by specific statute, is entitled to all benefits, rights and
privileges conferred by statutes and regulations on licensed teachers.

3. Except as
otherwise provided by specific statute, if he is employed as a teacher by the
board of trustees of a school district or the governing body of a charter
school, is entitled to all benefits, rights and privileges conferred by
statutes and regulations on the licensed employees of a school district or
charter school, as applicable.

Sec. 9. NRS 391.019 is hereby amended to read as
follows:

391.0191. Except as otherwise provided in NRS
391.027, the Commission:

(a) Shall adopt regulations:

(1) Prescribing the qualifications for licensing
teachers and other educational personnel, including, without limitation, the
qualifications for a license to teach middle school or junior high school
education, and the procedures for the issuance and renewal of such licenses.

(2) Identifying fields of specialization in
teaching which require the specialized training of teachers.

(3) Except as otherwise provided in NRS 391.125,
requiring teachers to obtain from the Department an endorsement in a field of
specialization to be eligible to teach in that field of specialization.

(4) Setting forth the educational requirements a
teacher must satisfy to qualify for an endorsement in each field of
specialization.

(5) Setting forth the qualifications and
requirements for obtaining a license or endorsement to teach American Sign
Language, including, without limitation, being qualified to engage in the
practice of interpreting pursuant to subsection 3 of NRS 656A.100.

(6) Except as otherwise authorized by subsection
4 of NRS 656A.100, requiring teachers and other educational personnel to
satisfy the qualifications set forth in subsection 3 of NRS 656A.100 if they:

(I) Provide instruction or other
educational services; and

(II) Concurrently engage in the practice
of interpreting, as defined in NRS 656A.060.

(7)Providing for the issuance of a
license to teach to a person who:

(I)
Holds a graduate degree from an accredited college or university in the field
for which he will be providing instruction;

(II)
Is not licensed to teach public school in another state;

(III)
Has at least 5 years of experience teaching with satisfactory evaluations at a
school that is accredited by a national or regional accrediting agency
recognized by the United States Department of Education; and

(IV)
Submits proof of participation in a program of student teaching or mentoring or
agrees to participate in a program of mentoring for the first year of his
employment as a teacher with a school district or charter school.

Κ An applicant for licensure
pursuant to this subparagraph is exempt from each examination required by NRS
391.021 if the applicant successfully passed the examination in another state.

(b) May adopt such other regulations as it deems
necessary for its own government or to carry out its duties.

2. Any regulation which increases the amount of
education, training or experience required for licensing:

(a) Must, in addition to the requirements for
publication in chapter 233B of NRS, be publicized before its adoption in a
manner reasonably calculated to inform those persons affected by the change.

(b) Must not become effective until at least 1 year
after the date it is adopted by the Commission.

(c) Is not applicable to a license in effect on the date the
regulation becomes effective.

Sec. 10. NRS 391.021 is hereby amended to
read as follows:

391.021 Except as otherwise provided in [NRS]subparagraph (7) of paragraph (a)
of subsection 1 of NRS 391.019 and 391.027, the Commission shall
adopt regulations governing examinations for the initial licensing of teachers
and other educational personnel. The examinations must test the ability of the
applicant to teach and his knowledge of each specific subject he proposes to
teach. Each examination must include the following subjects:

1. The laws of Nevada relating to schools;

2. The Constitution of the State of Nevada; and

3. The Constitution of the United States.

Κ The
provisions of this section do not prohibit the Commission from adopting
regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption
from the examinations for teachers and other educational
personnel who have previous experience in teaching or performing other
educational functions in another state.

personnel who have previous experience in teaching or
performing other educational functions in another state.

Sec. 11. NRS 391.037 is hereby amended to
read as follows:

391.037 1. The State Board shall:

(a) Prescribe by regulation the standards for approval
of a course of study or training offered by an educational institution to
qualify a person to be a teacher or administrator or to perform other
educational functions.

(b) Maintain descriptions of the approved courses of
study required to qualify for endorsements in fields of specialization and
provide to an applicant, upon request, the approved course of study for a
particular endorsement.

2. [Every]Except for an applicant who submits an application for the
issuance of a license pursuant to subparagraph (7) of paragraph (a) of
subsection 1 of NRS 391.019, an applicant for a license as a
teacher or administrator or to perform some other educational function must
submit with his application, in the form prescribed by the Superintendent of
Public Instruction, proof that he has satisfactorily completed a course of
study and training approved by the State Board[.] pursuant to subsection 1.

Sec. 12. The amendatory provisions of section 5 of
this act do not apply to a person who is, before July 1, 2005, employed by a
charter school and on a leave of absence from a school district.

Sec. 13. 1. This section and sections 4 and 12 of
this act become effective upon passage and approval.

2. Sections 1, 2, 3 and 5 to 11, inclusive, of this act
become effective on July 1, 2005.

________

CHAPTER 412, AB 493

Assembly Bill No. 493Committee on Commerce and Labor

CHAPTER 412

AN ACT relating to
public welfare; requiring the Department of Human Resources to apply for a
Medicaid waiver pursuant to the Health Insurance Flexibility and Accountability
demonstration initiative; providing a mechanism for funding the benefits
provided pursuant to the waiver; and providing other matters properly relating
thereto.

[Approved: June 14, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
422 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 5, inclusive, of this act.

Sec. 2. 1.The
Director shall apply to the Federal Government for a Medicaid waiver pursuant
to the Health Insurance Flexibility and Accountability demonstration initiative
or any succeeding program to provide certain health care benefits through
Medicaid and the Childrens Health Insurance Program to the persons described
in section 3 of this act.

2. The
Director shall fully cooperate in good faith with the Federal Government during
the application process to satisfy the requirements of the Federal Government for obtaining a waiver pursuant to this
section, including, without limitation:

the Federal
Government for obtaining a waiver pursuant to this section, including, without
limitation:

(a) Providing
any necessary information requested by the Federal Government in a timely
manner;

(b) Responding
promptly and thoroughly to any questions or concerns of the Federal Government
concerning the application; and

(c) Working
with the Federal Government to amend any necessary provisions of the application
to satisfy the requirements for approval of the application.

3. In applying
for a waiver pursuant to this section, the Director shall consider any
recommendations he receives from the Board of Trustees of the Fund for Hospital
Care to Indigent Patients established pursuant to NRS 428.195, any board of
county commissioners and the Board of Directors of the Nevada Association of
Counties.

Sec. 3. The
Director shall include in the application for the Medicaid waiver pursuant to
section 2 of this act, to the extent authorized by federal law, that the waiver
is to:

1. Provide
coverage for medical services to pregnant women who have household incomes that
are more than 133 percent of the federally designated level signifying poverty
but not more than 185 percent of the federally designated level signifying
poverty.

2. Provide a
monthly subsidy of up to $100 toward a policy of insurance purchased by an
employee or the spouse of an employee:

(a) Who works
for an employer that employs at least 2 but not more than 50 employees;

(b) Whose
household income is less than 200 percent of the federally designated level
signifying poverty; and

(c) Who is
otherwise ineligible for Medicaid.

3. Provide
coverage for hospital care to persons who have low incomes, are otherwise
ineligible for Medicaid and who have a catastrophic illness or injury which
results in unpaid charges for hospital care. As used in this subsection,
hospital care has the meaning ascribed to it in NRS 428.155.

Sec. 4. 1.
If the Federal Government approves a Medicaid waiver which the Director applied
for pursuant to section 2 of this act, the Director shall adopt regulations to
implement the waiver and establish a program in accordance with the waiver,
which may include, without limitation, regulations setting forth:

(a) Any amount of contribution that a person who
receives any benefit under the program is required to pay;

(b) Criteria for eligibility;

(c) The services covered by the program;

(d) Any limitation on the number of persons who may
participate in the program; and

(e) Any other regulations necessary to carry out the
program.

2. The Director shall also adopt any necessary
regulations to ensure that an employer that provides health care insurance to
an employee does not discontinue or reduce his contribution toward such
insurance as a result of any subsidy authorized under the program established
pursuant to this section. Such regulations must include, without limitation, a
requirement that a person is not eligible for a subsidy unless his employer contributes at least 50 percent toward the premium for
insurance provided by the employer.

contributes at least 50 percent toward the premium for
insurance provided by the employer.

3. The Director shall submit a quarterly report
concerning benefits provided by the program established pursuant to this
section to the Interim Finance Committee and the Legislative Committee on
Health Care.

Sec. 5. To
fund a program established pursuant to section 4 of this act, the Director
shall use:

1. The money transferred pursuant to subsection 2 of
NRS 428.305;

2. Any money
provided by appropriation by the Legislature for that purpose; and

3. Any federal
money allotted to the State of Nevada for that purpose.

Sec. 6. NRS 422.240 is hereby amended to read
as follows:

422.2401.
Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and sections 2 to 5, inclusive, of this
act and 422.580, including, without limitation, any federal money
allotted to the State of Nevada pursuant to the program to provide Temporary
Assistance for Needy Families and the Program for Child Care and Development,
must, except as otherwise provided in sections 2 to 5, inclusive, of this act and NRS
422.3755 to 422.379, inclusive, and 439.630, be provided by appropriation by
the Legislature from the State General Fund.

2. Disbursements for the purposes of NRS 422.001 to
422.410, inclusive, and sections 2
to 5, inclusive, of this act, and 422.580 must, except as
otherwise provided in sections 2
to 5, inclusive, of this act and NRS 422.3755 to 422.379,
inclusive, and 439.630, be made upon claims duly filed and allowed in the same
manner as other money in the State Treasury is disbursed.

Sec. 7. Chapter 428 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. The Board
may authorize counties to apply to the Board for reimbursement or partial
reimbursement of unpaid charges for hospital care in excess of $25,000 to any
one person which have been incurred by a person certified as indigent by the
board of county commissioners pursuant to this chapter.

2. The Board
shall set forth the circumstances under which and the manner in which counties
may apply for reimbursement pursuant to this section, including, without
limitation, any amount of money that the county must expend before it may apply
for reimbursement pursuant to this section.

3. The Board
may review an application it receives pursuant to this section and approve or
disapprove reimbursement of all or part of the unpaid charges in excess of
$25,000. If reimbursement or partial reimbursement is approved, payment to the
county must be made from the Fund, to the extent money is available in the
Fund, and the county must reimburse the provider of care for the care given to
any one indigent person which exceeds $25,000 but only to the extent of the
money reimbursed or partially reimbursed to the county from the Fund on account
of that patient.

4. Upon
payment to the county, the Board:

(a) Is
subrogated to the right of the county to recover unpaid charges from the
indigent person or from other persons responsible for his support, to the extent
of the reimbursement or partial reimbursement paid; and

(b) Has a lien
upon the proceeds of any recovery by the county from the indigent person or
other person responsible for his support, to the extent of the reimbursement or
partial reimbursement paid from the Fund.

Sec. 8. NRS 428.115 is hereby amended to read
as follows:

428.115 As used in NRS 428.115 to 428.255, inclusive, and section 7 of this act, unless
the context otherwise requires, the words and terms defined in NRS 428.125 to
428.165, inclusive, have the meanings ascribed to them in those sections.

Sec. 9. NRS 428.175 is hereby amended to read
as follows:

428.1751.
The Fund for Hospital Care to Indigent Persons is hereby created as a special
revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive[.] , and section 7 of this act.

2. All money collected or recovered pursuant to NRS
428.115 to 428.255, inclusive, and
section 7 of this act, and the interest earned on the money in
the Fund must be deposited for credit to the Fund. Claims against the Fund must
be paid on claims approved by the Board.

428.275 1. The board of county commissioners of a
county shall before July 1, 1985, by ordinance, create in the county treasury a
fund to be designated as the fund for medical assistance to indigent persons.

2. The money in the fund must be used [for
reimbursement, as provided in NRS 428.335 and 428.345, of any unpaid charges
for medical care furnished to an indigent person who falls sick in the county
other than care furnished on account of an injury suffered in a motor vehicle
accident.]in
the manner set forth in NRS 428.295 and to fund, in part, the waiver obtained
pursuant to section 2 of this act and any program established pursuant to
section 4 of this act.

3. All money collected or recovered pursuant to this
section and NRS 428.285, and the interest earned on the money in the fund , must be deposited for
credit to the fund. Claims against the fund must be paid on claims approved by
the board of county commissioners. Any money remaining in the fund at the end
of any fiscal year does not revert to the county general fund.

Sec. 12. NRS 428.285 is hereby amended to
read as follows:

428.285 1. The board of county commissioners of each
county shall establish a tax rate of at least 6 cents on each $100 of assessed
valuation for the purposes of the tax imposed pursuant to subsection 2. A board
of county commissioners may increase the rate to not more than 10 cents on each
$100 of assessed valuation.

2. In addition to the levies provided in NRS 428.050
and 428.185 and any tax levied pursuant to NRS 450.425, the board of county
commissioners shall levy a tax ad valorem at a rate necessary to produce
revenue in an amount equal to an amount calculated by multiplying the assessed
valuation of all taxable property in the county by the tax rate established
pursuant to subsection 1, and subtracting from the product the amount of
unencumbered money remaining in the fund on May 1 of the current fiscal year.

3. For each fiscal year beginning on or after July 1,
1989, the board of county commissioners of each county shall remit to the State
Controller from the money in the fund an amount of money equivalent to 1 cent
on each $100 of assessed valuation of all taxable property in the county for
credit to the [supplemental fund.] Supplemental Account.

4. The tax so levied and its proceeds must be excluded
in computing the maximum amount of money which the county is permitted to
receive from taxes ad valorem and the highest permissible rate of such taxes.

Sec. 13. NRS 428.305 is hereby amended to
read as follows:

428.305 1. The Supplemental Account for Medical
Assistance to Indigent Persons is created in the Fund for Hospital Care for
Indigent Persons. [Any money recovered pursuant to NRS 428.345 and the]The interest earned
on the money in the Supplemental Account must be deposited for credit to the
Supplemental Account.

2. [If]Beginning with the fiscal year that
begins on July 1, 2005, at the end of each quarter of a fiscal year, the
balance in the Supplemental Account [exceeds $2,000,000 on May
1, the excess must be credited pro rata against the amounts due from the
respective counties.]must be transferred to the Health Insurance Flexibility and
Accountability Holding Account in the State General Fund in an amount not to
exceed the amount of any appropriation provided by the Legislature to fund a
program established pursuant to section 4 of this act.

3.Any money remaining in the Health Insurance Flexibility and
Accountability Holding Account at the end of each fiscal year reverts to the
Fund for Hospital Care to Indigent Persons and to the State General Fund in
equal amounts.

Sec. 14. NRS 439B.330 is hereby amended to
read as follows:

439B.330 1. Except as otherwise provided in this subsection, subsection 2 and NRS
439B.300 ,[and
subsection 2 of this section,] each county shall use the
definition of indigent in NRS 439B.310 to determine a persons eligibility
for medical assistance pursuant to chapter 428 of NRS, other than assistance
provided pursuant to NRS 428.115 to 428.255, inclusive[.] , and section 7 of this act.

2. A board of county commissioners may, if it
determines that a hospital within the county is serving a disproportionately
large share of low-income patients:

(a) Pay a higher rate to the hospital for treatment of
indigent inpatients;

(b) Pay the hospital for treatment of indigent
inpatients whom the hospital would otherwise be required to treat without
receiving compensation from the county; or

(c) Both pay at a higher rate and pay for inpatients
for whom the hospital would otherwise be uncompensated.

3. Each hospital which treats an indigent inpatient
shall submit to the board of county commissioners of the county of residence of
the patient a discharge form identifying the patient as a possible indigent and
containing the information required by the Department and the county to be
included in all such forms.

4. The county which receives a discharge form from a
hospital for an indigent inpatient shall verify the status of the patient and
the amount which the hospital is entitled to receive. A hospital aggrieved by a
determination of a county regarding the indigent status of an inpatient may
appeal the determination to the Director or a person designated by the Director
to hear such an appeal.

such an appeal. The decision of the Director or the person he
designates must be mailed by registered or certified mail to the county and the
hospital. The decision of the Director or the person he designates may be
appealed to a court having general jurisdiction in the county within 15 days
after the date of the postmark on the envelope in which the decision was
mailed.

5. Except as otherwise provided in subsection 2 of
this section and subsection 3 of NRS 439B.320, if the county is the county of
residence of the patient and the patient is indigent, the county shall pay to
the hospital the amount required, within the limits of money which may lawfully
be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.

6. For the purposes of this section, the county of
residence of the patient is the county of residence of that person before he
was admitted to the hospital.

Sec. 15. The provisions of NRS 428.315, 428.335
and 428.345 are hereby repealed.

Sec. 16. Any balance existing in the Supplemental
Account for Medical Assistance to Indigent Persons created by NRS 428.305 on
June 30, 2005, must be transferred to the Fund for Hospital Care to Indigent
Persons.

Sec. 17. 1. This
section and sections 1 to 6, inclusive, and 16 of this act become effective on
July 1, 2005.

2. Sections 7 to 15, inclusive, of this act become
effective on July 1, 2005, and expire by limitation on July 1, 2007, if the
waiver applied for by the Director of the Department of Human Resources
pursuant to section 2 of this act is not approved by the Federal Government.

________

CHAPTER 413, AB 51

Assembly Bill No. 51Committee on Judiciary

CHAPTER 413

AN ACT relating to
domestic relations; revising provisions concerning the considerations of the
court in determining the best interests of a child for the purpose of
determining custody of the child; providing a procedure for parties to an
adoption to enter into an enforceable agreement that provides for postadoptive
contact; requiring certain persons to notify the court of the existence of such
an agreement; authorizing a natural parent who has entered into such an
agreement to petition the court to prove the existence of the agreement, to
enforce its terms and to bring certain civil actions related to the agreement;
authorizing an adoptive parent who has entered into such an agreement to
petition the court to enforce the terms of the agreement and to modify or
terminate the agreement; and providing other matters properly relating thereto.

125.480 1. In determining custody of a minor child in
an action brought under this chapter, the sole consideration of the court is
the best interest of the child. If it appears to the court that joint custody
would be in the best interest of the child, the court may grant custody to the
parties jointly.

2. Preference must not be given to either parent for
the sole reason that the parent is the mother or the father of the child.

3. The court shall award custody in the following
order of preference unless in a particular case the best interest of the child
requires otherwise:

(a) To both parents jointly pursuant to NRS 125.490 or
to either parent. If the court does not enter an order awarding joint custody
of a child after either parent has applied for joint custody, the court shall
state in its decision the reason for its denial of the parents application. [When
awarding custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child to have frequent
associations and a continuing relationship with the noncustodial parent.]

(b) To a person or persons in whose home the child has
been living and where the child has had a wholesome and stable environment.

(c) To any person related within the third degree of
consanguinity to the child whom the court finds suitable and able to provide
proper care and guidance for the child, regardless of whether the relative
resides within this State.

(d) To any other person or persons whom the court finds
suitable and able to provide proper care and guidance for the child.

4. In determining the best interest of the child, the
court shall consider [,]and set forth its specific findings concerning, among
other things:

(a) The wishes of the child if the child is of
sufficient age and capacity to form an intelligent preference as to his custody
.[;]

(b) Any nomination by a parent or a guardian for the
child .[;
and]

(c) Which
parent is more likely to allow the child to have frequent associations and a
continuing relationship with the noncustodial parent.

(d) The
level of conflict between the parents.

(e) The
ability of the parents to cooperate to meet the needs of the child.

(f) The
mental and physical health of the parents.

(g) The
physical, developmental and emotional needs of the child.

(h) The
nature of the relationship of the child with each parent.

(i) The
ability of the child to maintain a relationship with any sibling.

(j) Any
history of parental abuse or neglect of the child or a sibling of the child.

(k) Whether
either parent or any other person seeking custody has engaged in an act of
domestic violence against the child, a parent of the child or any other person
residing with the child.

5. Except as otherwise provided in subsection 6 or NRS
125C.210, a determination by the court after an evidentiary hearing and finding
by clear and convincing evidence that either parent or any other person seeking
custody has engaged in one or more acts of domestic violence against the child,
a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the
child by the perpetrator of the domestic violence is not in the best interest
of the child.

a rebuttable presumption that sole or joint custody of the
child by the perpetrator of the domestic violence is not in the best interest
of the child. Upon making such a determination, the court shall set forth:

(a) Findings of fact that support the determination
that one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement
ordered by the court adequately protects the child and the parent or other
victim of domestic violence who resided with the child.

6. If after an evidentiary hearing held pursuant to
subsection 5 the court determines that each party has engaged in acts of
domestic violence, it shall, if possible, then determine which person was the
primary physical aggressor. In determining which party was the primary physical
aggressor for the purposes of this section, the court shall consider:

(a) All prior acts of domestic violence involving
either party;

(b) The relative severity of the injuries, if any,
inflicted upon the persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the parties
acted in self-defense; and

(e) Any other factors which the court deems relevant to
the determination.

Κ In such a
case, if it is not possible for the court to determine which party is the
primary physical aggressor, the presumption created pursuant to subsection 5
applies to both parties. If it is possible for the court to determine which
party is the primary physical aggressor, the presumption created pursuant to
subsection 5 applies only to the party determined by the court to be the
primary physical aggressor.

7. As used in this section, domestic violence means the
commission of any act described in NRS 33.018.

Sec. 2. Chapter 127 of NRS is hereby amended
by adding thereto the provisions set forth as sections 3 to 8, inclusive, of
this act.

Sec. 3. 1. The natural parent or parents and the prospective adoptive
parent or parents of a child to be adopted may enter into an enforceable
agreement that provides for postadoptive contact between:

(a) The child and his natural parent or parents;

(b) The adoptive parent or parents and the natural
parent or parents; or

(c) Any combination thereof.

2. An agreement that provides for postadoptive
contact is enforceable if the agreement:

(a) Is in writing and signed by the parties; and

(b) Is incorporated into an order or decree of
adoption.

3. The identity of a natural parent is not required
to be included in an agreement that provides for postadoptive contact. If such
information is withheld, an agent who may receive service of process for the
natural parent must be provided in the agreement.

4. A court that enters an order or decree of adoption
which incorporates an agreement that provides for postadoptive contact shall retain
jurisdiction to enforce, modify or terminate the agreement that provides for
postadoptive contact until:

5. The establishment of an agreement that provides
for postadoptive contact does not affect the rights of an adoptive parent as
the legal parent of the child as set forth in NRS 127.160.

Sec. 4.1. Each prospective adoptive parent of a child to be
adopted who enters into an agreement that provides for postadoptive contact
pursuant to section 3 of this act shall notify the court responsible for entering
the order or decree of adoption of the child of the existence of the agreement
as soon as practicable after the agreement is established, but not later than
the time at which the court enters the order or decree of adoption of the
child.

2. Each:

(a) Director or
other authorized representative of the agency which provides child welfare
services or the licensed child-placing agency involved in the adoption
proceedings concerning the child; and

(b) Attorney
representing a prospective adoptive parent, the child, the agency which
provides child welfare services or the licensed child-placing agency in the
adoption proceedings concerning the child,

Κ shall, as soon as practicable
after obtaining actual knowledge that the prospective adoptive parent or parents
of the child and the natural parent or parents of the child have entered into
an agreement that provides for postadoptive contact pursuant to section 3 of
this act, notify the court responsible for entering the order or decree of
adoption of the child of the existence of the agreement.

Sec. 5.1. Before a court may enter an order or decree of adoption
of a child, the court must address in person:

(a) Each
prospective adoptive parent of the child to be adopted;

(b) Each
director or other authorized representative of the agency which provides child
welfare services or the licensed child-placing agency involved in the adoption
proceedings concerning the child; and

(c) Each
attorney representing a prospective adoptive parent, the child, the agency which
provides child welfare services or the licensed child-placing agency in the
adoption proceedings concerning the child,

Κ and inquire whether the person
has actual knowledge that the prospective adoptive parent or parents of the
child and natural parent or parents of the child have entered into an agreement
that provides for postadoptive contact pursuant to section 3 of this act.

2. If the
court determines that the prospective adoptive parent or parents and the
natural parent or parents have entered into an agreement that provides for
postadoptive contact, the court shall:

(a) Order the
prospective adoptive parent or parents to provide a copy of the agreement to
the court; and

(b) Incorporate
the agreement into the order or decree of adoption.

Sec. 6.1. A natural parent who has entered into an agreement that
provides for postadoptive contact pursuant to section 3 of this act may, for
good cause shown:

(a) Petition
the court that entered the order or decree of adoption of the child to prove
the existence of the agreement that provides for postadoptive contact and to
request that the agreement be incorporated into the order or decree of
adoption; and

(b) During the
period set forth in subsection 2 of section 7 of this act, petition the court
that entered the order or decree of adoption of the child to enforce the terms of the agreement that provides for
postadoptive contact if the agreement complies with the requirements of
subsection 2 of section 3 of this act.

to enforce the terms
of the agreement that provides for postadoptive contact if the agreement
complies with the requirements of subsection 2 of section 3 of this act.

2. An adoptive
parent who has entered into an agreement that provides for postadoptive contact
pursuant to section 3 of this act may:

(a) During the
period set forth in subsection 2 of section 7 of this act, petition the court
that entered the order or decree of adoption of the child to enforce the terms
of the agreement that provides for postadoptive contact if the agreement
complies with the requirements of subsection 2 of section 3 of this act; and

(b) Petition
the court that entered the order or decree of adoption of the child to modify
or terminate the agreement that provides for postadoptive contact in the manner
set forth in section 8 of this act.

Sec. 7.1. Failure to comply with the terms of an agreement that
provides for postadoptive contact entered into pursuant to section 3 of this
act may not be used as a ground to:

(a) Set aside
an order or decree of adoption;

(b) Revoke,
nullify or set aside a valid release for or consent to an adoption or a
relinquishment for adoption; or

(c) Except as
otherwise provided in section 12 of this act, award any civil damages to a
party to the agreement.

2. Any action
to enforce the terms of an agreement that provides for postadoptive contact
must be commenced not later than 120 days after the date on which the agreement
was breached.

Sec. 8.1. An agreement that provides for postadoptive contact
entered into pursuant to section 3 of this act may only be modified or
terminated by an adoptive parent petitioning the court that entered the order
or decree which included the agreement. The court may grant a request to modify
or terminate the agreement only if:

(a) The
adoptive parent petitioning the court for the modification or termination
establishes that:

(1) A
change in circumstances warrants the modification or termination; and

(2) The
contact provided for in the agreement is no longer in the best interests of the
child; or

(b) Each party
to the agreement consents to the modification or termination.

2. If an
adoptive parent petitions the court for a modification or termination of an
agreement pursuant to this section:

(a) There is a
presumption that the modification or termination is in the best interests of
the child; and

(b) The court
may consider the wishes of the child involved in the agreement.

3. Any order
issued pursuant to this section to modify an agreement that provides
postadoptive contact:

(a) May limit,
restrict, condition or decrease contact between the parties involved in the
agreement; and

(b) May not
expand or increase the contact between the parties involved in the agreement or
place any new obligation on an adoptive parent.

127.005 The provisions of NRS 127.010 to 127.186,
inclusive, and sections 3 to 8,
inclusive, of this act govern the adoption of minor children, and
the provisions of NRS 127.190, 127.200 and 127.210 and the provisions of NRS
127.010 to 127.186, inclusive, where not inconsistent with the provisions of
NRS 127.190, 127.200 and 127.210, govern the adoption of adults.

Sec. 10.NRS
127.140 is hereby amended to read as follows:

127.140 1. All hearings held in proceedings under
this chapter are confidential and must be held in closed court, without
admittance of any person other than the petitioners, their witnesses, the
director of an agency, or their authorized representatives, attorneys and persons
entitled to notice by this chapter, except by order of the court.

2. The files and records of the court in adoption
proceedings are not open to inspection by any person except [upon]:

(a) Upon an
order of the court expressly so permitting pursuant to a petition setting forth
the reasons therefor [or if];

(b) If a
natural parent and the child are eligible to receive information from the State
Register for Adoptions[.] ; or

(c) As
provided pursuant to subsections 3, 4 and 5.

3. An
adoptive parent who intends to file a petition pursuant to section 6 or 8 of
this act to enforce, modify or terminate an agreement that provides for
postadoptive contact may inspect only the portions of the files and records of
the court concerning the agreement for postadoptive contact.

4. A
natural parent who intends to file a petition pursuant to section 6 of this act
to prove the existence of or to enforce an agreement that provides for
postadoptive contact or to file an action pursuant to section 12 of this act may
inspect only the portions of the files or records of the court concerning the
agreement for postadoptive contact.

5. The
portions of the files and records which are made available for inspection by an
adoptive parent or natural parent pursuant to subsection 3 or 4 must not
include any confidential information, including, without limitation, any
information that identifies or would lead to the identification of a natural
parent if the identity of the natural parent is not included in the agreement
for postadoptive contact.

Sec. 11. NRS 127.171 is hereby amended to
read as follows:

127.171 1. [In]Except as otherwise provided in sections
3 to 8, inclusive, of this act, in a proceeding for the adoption
of a child, the court may grant a reasonable right to visit to certain
relatives of the child only if a similar right had been granted previously
pursuant to NRS 125C.050.

2. The court may not grant a right to visit the child
to any person other than as specified in subsection 1.

Sec. 12.Chapter
41 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A natural parent of an adopted child who has entered
into an agreement that provides for postadoptive contact pursuant to section 3
of this act may bring a civil action against a person if:

(a) The person knowingly provided false information in
response to a question asked by a court pursuant to section 5 of this act; and

(b) The provision of false information caused the
court not to incorporate the agreement that provides for postadoptive contact
in the order or decree of adoption pursuant to section 5 of this act.

2. If a person is liable to a natural parent of an
adopted child pursuant to subsection 1, the natural parent may recover his
actual damages, costs, reasonable attorneys fees and any punitive damages that
the facts may warrant.

3. The
liability imposed by this section is in addition to any other liability imposed
by law.

Section 1. Title
52 of NRS is hereby amended by adding thereto a new chapter to consist of
the provisions set forth as sections 2 to 74, inclusive, of this act.

Sec.2.As used in this
chapter, unless the context otherwise requires, the words and terms defined in
sections 2.5 to 21.5, inclusive, of this act have the meanings ascribed to them
in those sections.

Sec.
2.5. 1. Automated loan machine
means any machine or other device, regardless of the name given to it or the
technology used, that:

(a) Is
automated;

(b) Is designed
or intended to allow a customer, without any additional assistance from another
person, to receive or attempt to receive a deferred deposit loan or short-term
loan through the machine or other device; and

(c) Is set up,
installed, operated or maintained by or on behalf of the person making the loan
or any agent, affiliate or subsidiary of the person.

2. The term does
not include any machine or other device used directly by a customer to access
the Internet unless the machine or other device is made available to the
customer by the person making the loan or any agent, affiliate or subsidiary of
the person.

(a)Make a
scheduled payment on a loan on or before the due date for the payment under the
terms of a lawful loan agreement and any grace period that complies with the
provisions of section 23 of this act or under the terms of any lawful extension
or repayment plan relating to the loan and any grace period that complies with
the provisions of section 23 of this act; or

(b)Pay a
loan in full on or before:

(1)The
expiration of the initial loan period as set forth in a lawful loan agreement
and any grace period that complies with the provisions of section 23 of this
act; or

(2)The due
date of any lawful extension or repayment plan relating to the loan and any
grace period that complies with the provisions of section 23 of this act,
provided that the due date of the extension or repayment plan does not violate
the provisions of this chapter.

2.A
default occurs on the day immediately following the date of the customers
failure to perform as described in subsection 1.

(b)Written
authorization for an electronic transfer of money for a specified amount from
the account of the customer; and

2.The
other person:

(a)Provides
to the customer an amount of money that is equal to the face value of the check
or the amount specified in the written authorization for an electronic transfer
of money, less any fee charged for the transaction; and

(b)Agrees,
for a specified period, not to cash the check or execute an electronic transfer
of money for the amount specified in the written authorization.

Sec. 10.Deferred deposit loan service means any person engaged in
the business of making deferred deposit loans for a fee, service charge or
other consideration.

Sec. 11.Electronic transfer of money means any transfer of money,
other than a transaction initiated by a check or other similar instrument, that
is initiated through an electronic terminal, telephone, computer or magnetic tape for the purpose of ordering,
instructing or authorizing a financial institution to debit or credit an
account.

computer or magnetic
tape for the purpose of ordering, instructing or authorizing a financial
institution to debit or credit an account.

Sec. 12.1.Extension means any extension or rollover of
a loan beyond the date on which the loan is required to be paid in full under
the original terms of the loan agreement, regardless of the name given to the
extension or rollover.

2.The
term does not include a grace period.

Sec. 13.Grace period means any period of deferment offered
gratuitously by a licensee to a customer if the licensee complies with the
provisions of section 23 of this act.

Sec. 14.Licensee means any person who has been issued one or more
licenses to operate a check-cashing service, deferred deposit loan service,
short-term loan service or title loan service pursuant to the provisions of
this chapter.

Sec. 15.Loan means any deferred deposit loan, short-term loan or
title loan, or any extension or repayment plan relating to such a loan, made at
any location or through any method, including, without limitation, at a kiosk,
through the Internet, through any telephone, facsimile machine or other
telecommunication device or through any other machine, network, system, device
or means.

Sec.
15.5. Refund anticipation
loan means a loan offered or made to a taxpayer by a lender or through a
facilitator based on the taxpayers anticipated federal income tax refund.

Sec. 16.Regulation Z means the federal regulations, as amended, 12
C.F.R. Part 226, adopted pursuant to the Truth in Lending Act and commonly
known as Regulation Z.

Sec. 17.1.Short-term loan means a loan made to a
customer pursuant to a loan agreement which, under its original terms:

(a)Charges
an annual percentage rate of more than 40 percent; and

(b)Requires
the loan to be paid in full in less than 1 year.

2.The
term does not include:

(a)A
deferred deposit loan;

(b)A title
loan; or

(c) A refund
anticipation loan.

Sec. 18.Short-term loan service means any person engaged in the
business of providing short-term loans for a fee, service charge or other
consideration.

Sec. 19.1.Title loan means a loan made to a customer
pursuant to a loan agreement which, under its original terms:

(a) Charges an
annual percentage rate of more than 35 percent; and

(b) Requires
the customer to secure the loan by giving possession of the title to a vehicle
legally owned by the customer to the person making the loan, or to any agent,
affiliate or subsidiary of the person, whether or not the person making the
loan or taking possession of the title perfects a security interest in the
vehicle by having the persons name noted on the title as a lienholder.

2.The
term does not include:

(a) A loan
which creates a purchase-money security interest in a vehicle or the
refinancing of any such loan; or

(b) Any other
loan for which a vehicle is used as security or collateral if the person making
the loan, or any agent, affiliate or subsidiary of the person, does not take
possession of the title.

Sec. 20.Title loan service means any person engaged in the
business of providing title loans for a fee, service charge or other
consideration.

Sec. 21.Title to a vehicle or title means a certificate of title
or ownership issued pursuant to the laws of this State that identifies the
legal owner of a vehicle or any similar document issued pursuant to the laws of
another jurisdiction.

Sec.21.5.1.Vehicle means any vehicle, whether or not self-propelled,
that is designed or intended for land transportation if the legal owner of the
vehicle is required to have a title.

2.The
term includes, without limitation:

(a)Passenger
vehicles;

(b)Recreational
vehicles; and

(c)House
trailers and travel trailers.

3.The
term does not include:

(a) Farm
vehicles;

(b) Vehicles
of a common or contract carrier;

(c) Commercial
vehicles;

(d) Construction
vehicles;

(e) Military
vehicles;

(f) Vehicles used exclusively upon
stationary rails or tracks; or

(g) Any other
vehicles which are similar in nature to the vehicles listed in paragraphs (a)
to (f), inclusive, and which the Commissioner, by regulation, excludes from the
definition of vehicle.

Sec.21.8.1. As used in this chapter,
unless the context otherwise requires, the following terms have the meanings
ascribed to them in the Truth in Lending Act and Regulation Z:

(a) Amount financed.

(b) Annual percentage rate.

(c) Finance charge.

(d) Payment schedule.

(e) Total of payments.

2. For the
purposes of this chapter, proper calculation of the amount financed, annual
percentage rate and finance charge for a loan must be made in accordance with
the Truth in Lending Act and Regulation Z.

Sec. 22.The provisions of this chapter apply to any person who seeks
to evade its application by any device, subterfuge or pretense, including,
without limitation, calling a loan by any other name or using any agents,
affiliates or subsidiaries in an attempt to avoid the application of the
provisions of this chapter.

Sec. 23.The provisions of this chapter do not prohibit a licensee
from offering a customer a grace period on the repayment of a loan or an
extension of a loan, except that the licensee shall not charge the customer:

1.Any
fees for granting such a grace period; or

2.Any
additional fees or additional interest on the outstanding loan during such a
grace period.

Sec. 24.1.The provisions of this chapter must be
interpreted so as to effectuate their general purpose to provide for, to the
extent practicable, uniform regulation of the loans and transactions that are
subject to the provisions of this chapter.

2.If
there is a conflict between the provisions of this chapter and the provisions
of any other general law regulating loans and similar transactions, the
provisions of this chapter control.

Sec. 25.This chapter or any part thereof may be modified, amended or
repealed by the Legislature so as to effect a cancellation or alteration of any
license or right of a licensee under this chapter, provided that such
cancellation or alteration shall not impair or affect the obligation of any
preexisting lawful loan agreement between any licensee and any customer.

Sec. 26.Any loan lawfully made outside this State as permitted by
the laws of the state in which the loan was made may be collected or otherwise
enforced in this State in accordance with its terms.

Sec. 27.The provisions of this chapter do not apply to:

1.A
person doing business pursuant to the authority of any law of this State or of
the United States relating to banks, savings banks, trust companies, savings
and loan associations, credit unions, development corporations, mortgage
brokers, mortgage bankers, thrift companies or insurance companies.

2.A
person who is primarily engaged in the retail sale of goods or services who:

(a)As
an incident to or independently of a retail sale or service, from time to time
cashes checks for a fee or other consideration of not more than $2; and

(b)Does
not hold himself out as a check-cashing service.

3.A
person while performing any act authorized by a license issued pursuant to
chapter 671 of NRS.

4.A
person who holds a nonrestricted gaming license issued pursuant to chapter 463
of NRS while performing any act in the course of that licensed operation.

5.A
person who is exclusively engaged in a check-cashing service relating to
out-of-state checks.

6.A
corporation organized pursuant to the laws of this State that has been
continuously and exclusively engaged in a check-cashing service in this State
since July 1, 1973.

Sec. 28.1. The Commissioner may establish by regulation the fees
that a licensee who provides check-cashing services may impose for cashing
checks.

2. The
Commissioner shall adopt any other regulations as are necessary to carry out
the provisions of this chapter.

Sec. 29.1.A person, including, without limitation, a
person licensed pursuant to chapter 675 of NRS, shall not operate a
check-cashing service, deferred deposit loan service, short-term loan service
or title loan service unless the person is licensed with the Commissioner
pursuant to the provisions of this chapter.

2.A
person must have a license regardless of the location or method that the person
uses to operate such a service, including, without limitation, at a kiosk,
through the Internet, through any telephone, facsimile machine or other
telecommunication device or through any other machine, network, system, device or
means, except that the person shall not operate such a service through any
automated loan machine in violation of the provisions of subsection 3.

3. A person
shall not operate a deferred deposit loan service or short-term loan service
through any automated loan machine, and the Commissioner shall not issue a
license that authorizes the licensee to conduct business through any automated
loan machine.

Sec. 30.1.A licensee shall post in a conspicuous place in
every location at which he conducts business under his license:

(a) A notice
that states the fees he charges for providing check-cashing services, deferred
deposit loan services, short-term loan services or title loan services.

(b) A notice that states a toll-free telephone number
to the Office of the Commissioner to handle concerns or complaints of
customers.

Κ The Commissioner shall adopt
regulations prescribing the form and size of the notices required by this
subsection.

2.If
a licensee offers loans to customers at a kiosk, through the Internet, through
any telephone, facsimile machine or other telecommunication device or through
any other machine, network, system, device or means, except for an automated
loan machine prohibited by section 29 of this act, the licensee shall, as
appropriate to the location or method for making the loan, post in a
conspicuous place where customers will see it before they enter into a loan, or
disclose in an open and obvious manner to customers before they enter into a
loan, a notice that states:

(a)The
types of loans the licensee offers and the fees he charges for making each type
of loan; and

(b)A list
of the states where the licensee is licensed or authorized to conduct business
from outside this State with customers located in this State.

3.A
licensee who provides check-cashing services shall give written notice to each
customer of the fees he charges for cashing checks. The customer must sign the
notice before the licensee provides the check-cashing service.

Sec. 31.1.Before making any loan to
a customer, a licensee shall provide to the customer a written loan agreement
which may be kept by the customer and which must be written in:

(a)English,
if the transaction is conducted in English; or

(b)Spanish,
if the transaction is conducted in Spanish.

2.The
loan agreement must
include, without limitation, the following information:

(a)The
name and address of the licensee and the customer;

(b)The
nature of the security for the loan, if any;

(c) The date and amount of the loan, amount financed, annual
percentage rate, finance charge, total of payments, payment schedule and a
description and the amount of every fee charged, regardless of the name given
to the fee and regardless of whether the fee is required to be included in the
finance charge under the Truth in Lending Act and Regulation Z;

(d) A disclosure of the right of the customer to
rescind a loan pursuant to the provisions of this chapter;

(e) A disclosure of the right of the customer to pay
his loan in full or in part with no additional charge pursuant to the
provisions of this chapter;

(f) A disclosure stating that, if the customer
defaults on the loan, the customer has the opportunity within 30 days of the
date of default to enter into a repayment plan with a term of at least 90 days,
and that the licensee must offer the repayment plan to the customer before the
licensee commences any civil action or process of alternative dispute
resolution or, if appropriate for the loan, before the licensee repossesses a
vehicle; and

(g) Any other disclosures required under the Truth in
Lending Act and Regulation Z or under any other applicable federal or state
statute or regulation.

Sec. 32.1.If a customer defaults on a loan, the licensee
may collect the debt owed to the licensee only in a professional, fair and
lawful manner. When collecting such a debt, the licensee must act in accordance
with and must not violate sections 803 to 812, inclusive, of the federal Fair
Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j,
inclusive, even if the licensee is not otherwise subject to the provisions of
that Act.

2.If a
licensee commences a civil action against a customer to collect a debt, the
court may award:

(a)Court
costs;

(b)Costs
of service of process, except that the costs must not exceed the amount of the
fees charged by the sheriff or constable for service of process in the county
where the action was brought or, if the customer was not served in that county,
in the county where the customer was served; and

(c)Reasonable
attorneys fees. In determining the amount of the attorneys fees and whether
they are reasonable, the court shall consider the complexity of the case, the
amount of the debt and whether the licensee could have used less costly means
to collect the debt.

3. Notwithstanding
any provision of NRS 66.010 to the contrary, if:

(a) A licensee
intends to commence a civil action in a justices court against a customer to
collect a debt; and

(b) The
customer resides in the county where the loan was made,

Κ the licensee is required to
commence the civil action in the justices court for the township where the
loan was made unless, after the date of
default and before the licensee commences the civil action, the customer signs
an affidavit agreeing to try the action in another justices court having
jurisdiction over the subject matter and the parties.

default and before
the licensee commences the civil action, the customer signs an affidavit
agreeing to try the action in another justices court having jurisdiction over
the subject matter and the parties. A licensee shall not, directly or
indirectly, require, intimidate, threaten or coerce a customer to sign such an
affidavit.

Sec. 33.1.If a customer is called to active duty in the
military, a licensee shall:

(a)Defer
for the duration of the active duty all collection activity against the
customer and his property, including, without limitation, any community
property in which the customer has an interest; and

(b)Honor
the terms of any repayment plan between the licensee and customer, including,
without limitation, any repayment plan negotiated through military counselors
or third-party credit counselors.

2.When
collecting any defaulted loan, a licensee shall not:

(a)Garnish
or threaten to garnish any wages or salary paid to a customer for active
service in the military; or

(b)Contact
or threaten to contact the military chain of command of a customer in an effort
to collect the defaulted loan.

3.As
used in this section, military means the Armed Forces of the United States, a
reserve component thereof or the National Guard.

Sec. 33.5. 1. A licensee shall not:

(a) Make a deferred deposit loan that exceeds 25 percent of the
expected gross monthly income of the customer when the loan is made; or

(b) Make a short-term loan which, under the terms of
the loan agreement, requires any monthly payment that exceeds 25 percent of the
expected gross monthly income of the customer.

2. A licensee is not in violation of the provisions
of this section if the customer presents evidence of his gross monthly income
to the licensee and represents to the licensee in writing that:

(a) For a deferred deposit loan, the loan does not
exceed 25 percent of his expected gross monthly income when the loan is made;
or

(b) For a
short-term loan, the monthly payment required under the terms of the loan
agreement does not exceed 25 percent of his expected gross monthly income.

Sec.34.A licensee shall not make
more than one deferred deposit loan or short-term loan to the same customer at
one time or before any outstanding balance is paid in full on an existing loan
made by that licensee to the customer unless:

1. The
customer is seeking multiple loans that do not exceed the limits set forth in
section 33.5 of this act;

2. The
licensee charges the same or a lower annual percentage rate for any additional
loans as he charged for the initial loan;

3. Except
for that part of the finance charge which consists of interest only, the
licensee does not impose any other charge or fee to initiate any additional
loans, except that a licensee who makes deferred deposit loans or short-term
loans in accordance with the provisions of subsection 2 of section 43 of this
act may charge a reasonable fee for preparing documents in an amount that does
not exceed $50; and

4. If
the additional loans are deferred deposit loans and the customer provides one
or more additional checks that are not paid upon presentment, the licensee does
not charge any fees to the customer
pursuant to section 45 of this act, except for the fees allowed pursuant to
that section for the first check that is not paid upon presentment.

pursuant to section 45 of this act, except for the fees
allowed pursuant to that section for the first check that is not paid upon
presentment.

Sec.35.A licensee shall not:

1.Accept:

(a)Collateral
as security for a loan, except that a title to a vehicle may be accepted as
security for a title loan.

(b)An
assignment of wages, salary, commissions or other compensation for services,
whether earned or to be earned, as security for a loan.

(c)A
check as security for a short-term loan or title loan.

(d)More
than one check or written authorization for an electronic transfer of money for
each deferred deposit loan.

(e) A check or written authorization for an electronic
transfer of money for any deferred deposit loan in an amount which exceeds the
total of payments set forth in the disclosure statement required by the Truth
in Lending Act and Regulation Z that is provided to the customer.

2.Take
any note or promise to pay which does not disclose the date and amount of the
loan, amount financed, annual percentage rate, finance charge, total of
payments, payment schedule and a description and the amount of every fee
charged, regardless of the name given to the fee and regardless of whether the
fee is required to be included in the finance charge under the Truth in Lending
Act and Regulation Z.

3. Take any instrument, including a check or written
authorization for an electronic transfer of money, in which blanks are left to
be filled in after the loan is made.

4.Make
any transaction contingent on the purchase of insurance or any other goods or
services or sell any insurance to the customer with the loan.

5.Fail
to comply with a payment plan which is negotiated and agreed to by the licensee
and customer.

6.Charge
any fee to cash a check representing the proceeds of a loan made by the
licensee or any agent, affiliate or subsidiary of the licensee.

Sec. 36.A licensee shall not:

1.Use
or threaten to use the criminal process in this State or any other state, or
any civil process not available to creditors generally, to collect on a loan
made to a customer.

2.Commence
a civil action or any process of alternative dispute resolution or repossess a
vehicle before the customer defaults under the original term of a loan
agreement or before the customer defaults under any repayment plan, extension
or grace period negotiated and agreed to by the licensee and customer, unless
otherwise authorized pursuant to this chapter.

3.Take
any confession of judgment or any power of attorney running to himself or to
any third person to confess judgment or to appear for the customer in a
judicial proceeding.

4.Include
in any written agreement:

(a)A
promise by the customer to hold the licensee harmless;

(b)A
confession of judgment by the customer;

(c)An
assignment or order for the payment of wages or other compensation due the
customer; or (d) A waiver of any
claim or defense arising out of the loan agreement or a waiver of any provision
of this chapter.

(d)A
waiver of any claim or defense arising out of the loan agreement or a waiver of
any provision of this chapter. The provisions of this paragraph do not apply to
the extent preempted by federal law.

5.Engage
in any deceptive trade practice, as defined in chapter 598 of NRS, including,
without limitation, making a false representation.

6.Advertise
or permit to be advertised in any manner any false, misleading or deceptive
statement or representation with regard to the rates, terms or conditions for
loans.

7.Use
or attempt to use any agent, affiliate or subsidiary to avoid the requirements
or prohibitions of this chapter.

Sec.36.5.Notwithstanding any other provision of
this chapter to the contrary:

1. The original term of a title loan must not exceed
30 days.

2. The title
loan may be extended for not more than six additional periods of extension,
with each such period not to exceed 30 days, if:

(a) Any
interest or charges accrued during the original term of the title loan or any
period of extension of the title loan are not capitalized or added to the
principal amount of the title loan during any subsequent period of extension;

(b) The annual
percentage rate charged on the title loan during any period of extension is not
more than the annual percentage rate charged on the title loan during the
original term; and

(c) No additional origination fees, set-up fees, collection
fees, transaction fees, negotiation fees, handling fees, processing fees, late
fees, default fees or any other fees, regardless of the name given to the fees,
are charged in connection with any extension of the title loan.

Sec. 37.A licensee who makes title loans shall not:

1.Make a
title loan that exceeds the fair market value of the vehicle securing the title
loan.

2.Make a
title loan without regard to the ability of the customer seeking the title loan
to repay the title loan, including the customers current and expected income,
obligations and employment.

3.Make a
title loan without requiring the customer to sign an affidavit which states
that:

(a)The
customer has provided the licensee with true and correct information concerning
the customers income, obligations, employment and ownership of the vehicle;
and

(b)The
customer has the ability to repay the title loan.

Sec. 38.1.Except where in conflict with the provisions of
this section, the provisions of chapter 104 of NRS apply to any title loan
between a licensee and a customer.

2.Except
as otherwise provided in this section, if a customer defaults on a title loan,
or on any extension or repayment plan relating to the title loan, the sole
remedy of the licensee who made the title loan is to seek repossession and sale
of the vehicle which the customer used to secure the title loan. The licensee
may not pursue the customer personally for:

(a)Payment
of the loan, unless the licensee proves the customer prevented the repossession
and sale of the vehicle by any means, including, without limitation, hiding the
vehicle; or

(b)Any
deficiency after repossession and sale of the vehicle which the customer used
to secure the title loan, unless the licensee proves the customer damaged or
otherwise committed or permitted waste on the vehicle.

vehicle. For the
purposes of this paragraph, it shall not be deemed waste for the customer to
continue to use the vehicle in the same manner it was used before he entered
into the title loan.

3. If a
vehicle is repossessed pursuant to this section:

(a) By the
licensee or his employees, the licensee shall make reasonably available to the
customer any personal property in or upon the vehicle; or

(b) By a third
party acting on behalf of the licensee, the licensee shall instruct the third
party to make reasonably available to the customer any personal property in or
upon the vehicle.

4.If a
customer uses fraud to secure a title loan or if the customer wrongfully
transfers any interest in the vehicle to a third party before the title loan is
repaid, the licensee may bring a civil action against the customer for any or
all of the following relief:

(a)The
amount of the loan obligation, including, without limitation, the aggregate
amount of the interest, charges and fees negotiated and agreed to by the
licensee and customer as permitted under this chapter, less any prior payments
made by the customer;

(b)Reasonable
attorneys fees and costs; and

(c)Any
other legal or equitable relief that the court deems appropriate.

5.As
used in this section, fraud means an intentional misrepresentation, deception
or concealment of a material fact known to the customer with the intent to
deprive the licensee of his rights or property or to otherwise injure the
licensee. The term includes, without limitation, giving to a licensee as
security for a title loan the title to a vehicle which does not belong to the
customer.

Sec.
39.1.A
customer may rescind a loan on or before the close of business on the next day
of business at the location where the loan was initiated. To rescind the loan,
the customer must deliver to the licensee:

(a)A
sum of money equal to the face value of the loan, less any fee charged to the
customer to initiate the loan; or

(b)The
original check, if any, which the licensee gave to the customer pursuant to the
loan. Upon receipt of the original check, the licensee shall refund any fee
charged to the customer to initiate the loan.

2.If
a customer rescinds a loan pursuant to this section, the licensee:

(a)Shall
not charge the customer any fee for rescinding the loan; and

(b)Upon
receipt of the sum of money or check pursuant to subsection 1, shall give to
the customer a receipt showing the account paid in full and:

(1)If
the customer gave to the licensee a check or a written authorization for an
electronic transfer of money to initiate a deferred deposit loan, the check or
written authorization stamped void;

(2)If
the customer gave to the licensee a promissory note to initiate a short-term
loan, a copy of the promissory note stamped void or the receipt stamped paid
in full; or

(3)If
the customer gave to the licensee a title to a vehicle to initiate the title
loan, the title.

Sec. 40.1.A customer may pay a loan, or any extension
thereof, in full at any time, without an additional charge or fee, before the
date his final payment on the loan, or any extension thereof, is due.

2.If
a customer pays the loan in full, including all interest, charges and fees
negotiated and agreed to by the licensee and customer as permitted under this
chapter, the licensee shall:

(1)If
the customer gave to the licensee a check or a written authorization for an
electronic transfer of money to initiate a deferred deposit loan, the check or
the written authorization stamped void;

(2)If
the customer gave to the licensee a promissory note to initiate a short-term
loan, the promissory note stamped void or a receipt stamped paid in full;
or

(3)If
the customer gave to the licensee a title to a vehicle to initiate a title
loan, the title; and

(b)Give
to the customer a receipt with the following information:

(1)The
name and address of the licensee;

(2)The
identification number assigned to the loan agreement or other information that
identifies the loan;

(3)The
date of the payment;

(4)The
amount paid;

(5)An
itemization of interest, charges and fees;

(6)A
statement that the loan is paid in full; and

(7)If
more than one loan made by the licensee to the customer was outstanding at the
time the payment was made, a statement indicating to which loan the payment was
applied.

Sec. 41.1.A customer may make a partial payment on a
loan, or any extension thereof, at any time without an additional charge or
fee.

2.If
a customer makes such a partial payment, the licensee shall give to the
customer a receipt with the following information:

(a)The
name and address of the licensee;

(b)The
identification number assigned to the loan agreement or other information that
identifies the loan;

(c)The
date of the payment;

(d)The
amount paid;

(e)An
itemization of interest, charges and fees;

(f)The
balance due on the loan; and

(g)If
more than one loan made by the licensee to the customer was outstanding at the
time the payment was made, a statement indicating to which loan the payment was
applied.

Sec. 42.1.
Before a licensee attempts to collect the outstanding balance on a loan in
default by commencing any civil action or
process of alternative dispute resolution or by repossessing a vehicle, the licensee shall offer the customer an opportunity to enter into a repayment
plan. The licensee:

(a) Is required
to make the offer available to the customer for a period of at least 30 days
after the date of default; and

(b) Is not
required to make such an offer more than once for each loan.

2. Not later
than 15 days after the date of default, the licensee shall provide to the
customer written notice of the opportunity to enter into a repayment plan. The
written notice must:

(a) Be in
English, if the initial transaction was conducted in English, or in Spanish, if
the initial transaction was conducted in Spanish;

(b) State the
date by which the customer must act to enter into a repayment plan;

(c) Explain the
procedures the customer must follow to enter into a repayment plan;

(d) If the
licensee requires the customer to make an initial payment to enter into a
repayment plan, explain the requirement and state the amount of the initial
payment and the date the initial payment must be made;

(e) State that
the customer has the opportunity to enter into a repayment plan with a term of
at least 90 days after the date of default; and

(f) Include the
following amounts:

(1) The
total of payments or the remaining balance on the original loan;

(2) Any
payments made on the loan;

(3) Any
charges added to the loan amount allowed pursuant to the provisions of this
chapter; and

(4) The
total amount due if the customer enters into a repayment plan.

3. Under the
terms of any repayment plan pursuant to this section:

(a) The
customer must enter into the repayment plan not later than 30 days after the
date of default, unless the licensee allows a longer period;

(b) The
licensee must allow the period for repayment to extend at least 90 days after
the date of default, unless the customer agrees to a shorter term;

(c) The
licensee may require the customer to make an initial payment of not more than
20 percent of the total amount due under the terms of the repayment plan;

(d) For a
deferred deposit loan:

(1) The
licensee may require a customer to provide, as security, one or more checks or
written authorizations for an electronic transfer of money which equal the
total amount due under the terms of the repayment plan;

(2) The
licensee shall, if the customer makes a payment in the amount of a check or
written authorization taken as security for that payment, return to the
customer the check or written authorization stamped void or destroy the check
or written authorization; and

(3) The
licensee shall not charge any fee to the customer pursuant to section 45 of
this act for a check which is provided as security during the repayment plan
and which is not paid upon presentment if, in connection with that loan, the
licensee has previously charged at least one such fee.

4. If the licensee and customer enter into a
repayment plan pursuant to this section, the licensee shall honor the terms of
the repayment plan, and the licensee shall not:

(a) Except as otherwise provided by this chapter, charge any other amount to a customer,
including, without limitation, any amount or charge payable directly or
indirectly by the customer and imposed directly or indirectly by the licensee
as an incident to or as a condition of entering into a repayment plan. Such an
amount includes, without limitation:

(1)Any
interest, regardless of the name given to the interest, other than the interest
charged pursuant to the original loan agreement at a rate which does not exceed
the annual percentage rate charged during the term of the original loan
agreement; or

(2)Any
origination fees, set-up fees, collection fees, transaction fees, negotiation
fees, handling fees, processing fees, late fees, default fees or any other
fees, regardless of the name given to the fee;

(b) Except as otherwise provided in this
section, accept any additional security or
collateral from the customer to enter into the repayment plan;

(c)Sell to
the customer any insurance or require the customer to purchase insurance or any
other goods or services to enter into the repayment plan;

(d)Make
any other loan to the customer, unless the customer is seeking multiple loans
that do not exceed the limit set forth in section 33.5 of this act;

(e) During
the term of the repayment plan, attempt to collect the outstanding balance by commencing any civil action or process of alternative
dispute resolution or by repossessing a vehicle, unless the customer defaults on
the repayment plan; or

(f) Attempt
to collect an amount that is greater than the amount owed under the terms of
the repayment plan.

5. If the
licensee and customer enter into a repayment plan pursuant to this section, the
licensee shall:

(a) Prepare a
written agreement establishing the repayment plan; and

(b) Give the
customer a copy of the written agreement. The written agreement must:

(1) Be
signed by the licensee and customer; and

(2)
Contain all of the terms of the repayment plan, including, without limitation,
the total amount due under the terms of the repayment plan.

6.Each
time a customer makes a payment pursuant to a repayment plan, the licensee
shall give to the customer a receipt with the following information:

(a)The
name and address of the licensee;

(b)The
identification number assigned to the loan agreement or other information that
identifies the loan;

(c)The
date of the payment;

(d)The
amount paid;

(e)The
balance due on the loan or, when the customer makes the final payment, a
statement that the loan is paid in full; and

(f)If more
than one loan made by the licensee to the customer was outstanding at the time
the payment was made, a statement indicating to which loan the payment was
applied.

7. If the
customer defaults on the repayment plan, the licensee may, to collect the outstanding balance, commence any civil action or process of alternative dispute
resolution or repossess a vehicle as otherwise authorized pursuant to this chapter.

Sec.43.1. Except as otherwise
provided in subsection 2, if a customer agrees to establish or extend the
period for the repayment, renewal, refinancing or consolidation of an
outstanding loan by using the proceeds of a new deferred deposit loan or
short-term loan to pay the balance of the outstanding loan, the licensee shall
not establish or extend such a period beyond 60 days after the expiration of the initial loan period.

2. This section does not apply to a deferred deposit
loan or short-term loan if the licensee:

(a) Makes the deferred
deposit loan or short-term loan to a customer pursuant to a loan agreement
which, under its original terms:

(1) Charges an annual percentage rate of less than 200 percent;

(2) Requires the customer to make a payment on
the loan at least once every 30 days;

(3) Requires the loan to be paid in full in not
less than 150 days; and

(4) Provides that interest does not accrue on
the loan at the annual percentage rate set forth in the loan agreement after
the date of maturity of the loan;

(b) Performs a credit check of the customer with a
major consumer reporting agency before making the loan;

(c) Reports information relating to the loan
experience of the customer to a major consumer reporting agency;

(d) Gives the customer the right to rescind the
deferred deposit loan or short-term loan within 5 days after the loan is made
without charging the customer any fee for rescinding the loan;

(e) Participates in good faith with a counseling
agency that is:

(1) Accredited by the Council on Accreditation
for Services for Families and Children, Inc., or its successor organization;
and

(2) A member of the National Foundation for
Credit Counseling, or its successor organization; and

(f) Does not commence any civil action or process of
alternative dispute resolution on a defaulted loan or any extension or
repayment plan thereof.

Sec.44.1. Except as otherwise provided
in section 36.5 of this act, if a customer defaults on a loan or on any
extension or repayment plan relating to the loan, whichever is later, the
licensee may collect only the following amounts from the customer, less all
payments made before and after default:

(a) The principal amount of the loan.

(b) The interest accrued before the expiration of the
initial loan period at the annual percentage rate set forth in the disclosure statement
required by the Truth in Lending Act and Regulation Z that is provided to the
customer. If there is an extension relating to the loan, the licensee may
charge and collect interest pursuant to this paragraph for a period not to
exceed 60 days after the expiration of the initial loan period, unless
otherwise allowed by section 43 of this act.

(c) The interest accrued after the expiration of the
initial loan period or after any extension or repayment plan that is allowed
pursuant to this chapter, whichever is later, at an annual percentage rate not
to exceed the prime rate at the largest bank in Nevada, as ascertained by the
Commissioner, on January 1 or July 1, as the case may be, immediately preceding
the expiration of the initial loan period, plus 10 percent. The licensee may
charge and collect interest pursuant to this paragraph for a period not to
exceed 90 days. After that period, the licensee shall not charge or collect any
interest on the loan.

(d)Any
fees allowed pursuant to section 45 of this act for a check that is not paid
upon presentment because the account of the customer contains insufficient
funds or has been closed.

2.Except
for the interest and fees permitted pursuant to subsection 1 and any other
charges expressly permitted pursuant to sections 34, 36.5 and 42 of this act,
the licensee shall not charge any other amount to a customer, including,
without limitation, any amount or charge payable directly or indirectly by the
customer and imposed directly or indirectly by the licensee as an incident to
or as a condition of the extension of the
period for the payment of the loan or the extension of credit.

period for the payment of the loan or the extension of credit.
Such an amount includes, without limitation:

(a)Any
interest, other than the interest charged pursuant to subsection 1, regardless
of the name given to the interest; or

(b)Any
origination fees, set-up fees, collection fees, transaction fees, negotiation
fees, handling fees, processing fees, late fees, default fees or any other
fees, regardless of the name given to the fee.

Sec.45.1.A licensee may collect a fee of not more than $25 if a check
is not paid upon presentment because the account of the customer contains
insufficient funds or has been closed.

2.If
the account of the customer contains insufficient funds, the licensee may
collect only two fees of $25 each regardless of the number of times the check
is presented for payment.

3.If the
account of the customer has been closed, the licensee may collect only one fee
of $25 regardless of the number of times the check is presented for payment.

4.A
customer is not liable for damages pursuant to NRS 41.620 or to criminal
prosecution for a violation of chapter 205 of NRS unless the customer acted
with criminal intent.

Sec. 46.In addition to any other provision in this chapter, each
time a customer makes a payment to a licensee, the licensee shall give to the
customer a receipt with the following information:

1.The
name and address of the licensee;

2.The
identification number assigned to the loan agreement or other information that
identifies the loan;

3.The
date of the payment;

4.The
amount paid;

5.The
balance due on the loan or, when the customer makes a final payment, a
statement that the loan is paid in full; and

6. If more
than one loan made by the licensee to the customer was outstanding at the time
the payment was made, a statement indicating to which loan the payment was
applied.

Sec. 47.1.A person shall not act as an agent for or
assist a licensee in the making of a loan unless the licensee complies with all
applicable federal and state laws, regulations and guidelines.

2.The
provisions of this section do not apply to the agent or assistant to a state or
federally chartered bank, thrift company, savings and loan association or
industrial loan company if the state or federally chartered bank, thrift
company, savings and loan association or industrial loan company:

(a)Initially
advances the loan proceeds to the customer; and

(b)Does
not sell, assign or transfer a preponderant economic interest in the loan to
the agent or assistant or an affiliate or subsidiary of the state or federally
chartered bank, thrift company, savings and loan association or industrial loan
company, unless selling, assigning or transferring a preponderant economic
interest is expressly permitted by the primary regulator of the state or
federally chartered bank, thrift company, savings and loan association or
industrial loan company.

3.If a
licensee acts as an agent for or assists a state or federally chartered bank,
thrift company, savings and loan association or industrial loan company in the
making of a loan and the licensee can show that the standards set forth in
subsection 2 are satisfied, the licensee must comply with all other provisions in this chapter to the extent they
are not preempted by other state or federal law.

with all other
provisions in this chapter to the extent they are not preempted by other state
or federal law.

Sec. 48.1.An application for a license pursuant to the provisions
of this chapter must be made in writing, under oath and on a form prescribed by
the Commissioner. The application must include:

(a)If
the applicant is a natural person, the name and address of the applicant.

(b)If
the applicant is a business entity, the name and address of each:

(1)Partner;

(2)Officer;

(3)Director;

(4)Manager
or member who acts in a managerial capacity; and

(5)Registered
agent,

Κ of the business entity.

(c)Such
other information, as the Commissioner determines necessary, concerning the
financial responsibility, background, experience and activities of the
applicant and its:

(1)Partners;

(2)Officers;

(3)Directors;
and

(4)Managers
or members who act in a managerial capacity.

(d)The
address of each location at which the applicant proposes to do business under
the license, including, without limitation, each location where the applicant
will operate at a kiosk, through the Internet, through any telephone, facsimile
machine or other telecommunication device or through any other machine,
network, system, device or means, except that the applicant shall not propose
to do business through any automated loan machine prohibited by section 29 of
this act.

(e)If
the applicant is or intends to be licensed to provide more than one type of
service pursuant to the provisions of this chapter, a statement of that intent
and which services he provides or intends to provide.

2.Each
application for a license must be accompanied by:

(a)A
nonrefundable application fee;

(b)Such
additional expenses incurred in the process of investigation as the
Commissioner deems necessary; and

(c)A
fee of not less than $100 or more than $500, prorated on the basis of the
licensing year.

Κ All money received by the Commissioner
pursuant to this subsection must be placed in the Investigative Account for
Financial Institutions created by NRS 232.545.

3.The
Commissioner shall adopt regulations establishing the amount of the fees
required pursuant to this section.

4. The Commissioner shall consider an
application to be withdrawn if the Commissioner has not received all
information and fees required to complete the application within 6 months after
the date the application is first submitted to the Commissioner or within such
later period as the Commissioner determines in accordance with any existing
policies of joint regulatory partners. If an application is deemed to be
withdrawn pursuant to this subsection or if an applicant otherwise withdraws an
application, the Commissioner may not issue a license to the applicant unless
the applicant submits a new application and pays any required fees.

Sec. 49.1.Except as otherwise provided in section 50 of
this act, each application for a license pursuant to the provisions of this
chapter must be accompanied by a surety bond payable to the State of Nevada in
the amount of $50,000 plus an additional $5,000 for each branch location at
which the applicant proposes to do business under the license. Thereafter, each
licensee shall maintain the surety bond so that the amount of the surety bond
is $50,000 plus an additional $5,000 for each branch location at which the
licensee does business under the license. The surety bond required by this
section is for the use and benefit of any customer receiving the services of
the licensee at any location at which the licensee does business under the
license.

2.The
bond must be in a form satisfactory to the Commissioner, issued by a bonding
company authorized to do business in this State and must secure the faithful
performance of the obligations of the licensee respecting the provision of the
services.

3.A
licensee shall, within 10 days after the commencement of any action or notice
of entry of any judgment against him by any creditor or claimant arising out of
business regulated by this chapter give notice thereof to the Commissioner by
certified mail with details sufficient to identify the action or judgment. The
surety shall, within 10 days after it pays any claim or judgment to a creditor
or claimant, give notice thereof to the Commissioner by certified mail with
details sufficient to identify the creditor or claimant and the claim or
judgment so paid.

4.Whenever
the principal sum of the bond is reduced by recoveries or payments thereon, the
licensee shall furnish:

(a)A
new or additional bond so that the total or aggregate principal sum of the
bonds equals the sum required pursuant to subsection 1; or

(b)An
endorsement, duly executed by the surety, reinstating the bond to the required
principal sum.

5.The
liability of the surety on the bond to a creditor or claimant is not affected
by any misrepresentation, breach of warranty, failure to pay a premium or other
act or omission of the licensee, or by any insolvency or bankruptcy of the
licensee.

6.The
liability of the surety continues as to all transactions entered into in good
faith by the creditors and claimants with the agents of the licensee within 30
days after:

(a)The
death of the licensee or the dissolution or liquidation of his business; or

(b)The
termination of the bond,

Κ whichever event occurs first.

7.A
licensee or his surety shall not cancel or alter a bond except after notice to
the Commissioner by certified mail. The cancellation or alteration is not
effective until 10 days after receipt of the notice by the Commissioner. A
cancellation or alteration does not affect any liability incurred or accrued on
the bond before the expiration of the 30-day period designated in subsection 6.

Sec.50.1.In lieu of any surety bond, or any portion of the principal
sum thereof as required pursuant to the provisions of this chapter, a licensee
may deposit with the State Treasurer or with any bank, credit union or trust
company authorized to do business in this State as the licensee may select,
with the approval of the Commissioner:

(b)Bills,
bonds, notes, debentures or other obligations of the United States or any
agency or instrumentality thereof, or guaranteed by the United States; or

(c)Any
obligation of this State or any city, county, town, township, school district
or other instrumentality of this State or guaranteed by this State,

Κ in an aggregate amount of, based upon
principal amount or market value, whichever is lower, of not less than the
amount of the required surety bond or portion thereof.

2.The
securities must be held to secure the same obligation as would the surety bond,
but the depositor may receive any interest or dividends and, with the approval
of the Commissioner, substitute other suitable securities for those deposited.

Sec. 51.1.A person may apply for a license for an office
or other place of business located outside this State from which the applicant
will conduct business in this State if the applicant or a subsidiary or
affiliate of the applicant has a license issued pursuant to this chapter for an
office or other place of business located in this State and if the applicant
submits with the application for a license a statement signed by the applicant
which states that the applicant agrees to:

(a)Make
available at a location within this State the books, accounts, papers, records
and files of the office or place of business located outside this State to the
Commissioner or a representative of the Commissioner; or

(b)Pay the
reasonable expenses for travel, meals and lodging of the Commissioner or a
representative of the Commissioner incurred during any investigation or
examination made at the office or place of business located outside this State.

Κ The person must be allowed to
choose between the provisions of paragraph (a) or (b) in complying with the
provisions of this subsection.

2.This
section applies, without limitation, to any office or other place of business
located outside this State from which the applicant will conduct business in
this State at a kiosk, through the Internet, through any telephone, facsimile
machine or other telecommunication device or through any other machine,
network, system, device or means, except that the applicant shall not conduct
business in this State through any automated loan machine prohibited by section
29 of this act.

Sec. 52.1.Upon the filing of the application and the
payment of the fees required pursuant to section 48 of this act, the Commissioner
shall investigate the facts concerning the application and the requirements
provided for in sections 53.5 and 54 of this act.

2.The
Commissioner may hold a hearing on the application at a time not less than 30
days after the date the application was filed or not more than 60 days after
that date. The hearing must be held in the Office of the Commissioner or such
other place as he may designate. Notice in writing of the hearing must be sent
to the applicant and to any licensee to which a notice of the application has
been given and to such other persons as the Commissioner may see fit, at least
10 days before the date set for the hearing.

3.The
Commissioner shall make his order granting or denying the application within 10
days after the date of the closing of the hearing, unless the period is
extended by written agreement between the applicant and the Commissioner.

Sec. 53.If the Commissioner finds that any applicant does not
possess the requirements specified in this chapter, he shall:

1.Enter
an order denying the application and notify the applicant of the denial.

2.Within
10 days after the entry of such an order, file his findings and a summary of
the evidence supporting those findings and deliver a copy thereof to the
applicant.

Sec.
53.5. 1. In addition to any
other requirements set forth in this chapter, each applicant must submit proof
satisfactory to the Commissioner that the applicant:

(a) Has a good
reputation for honesty, trustworthiness and integrity and is competent to
transact the business for which the applicant seeks to be licensed in a manner
which protects the interests of the general public.

(b) Has not
made a false statement of material fact on the application for the license.

(c) Has not
committed any of the acts specified in subsection 2.

(d) Has not had
a license issued pursuant to this chapter suspended or revoked within the 10
years immediately preceding the date of the application.

(e) Has not
been convicted of, or entered a plea of nolo contendere to, a felony or any
crime involving fraud, misrepresentation or moral turpitude.

(f) If the
applicant is a natural person:

(1) Is
at least 21 years of age; and

(2) Is a
citizen of the United States or lawfully entitled to remain and work in the
United States.

2. In addition
to any other lawful reasons, the Commissioner may refuse to issue a license to
an applicant if the applicant:

(a) Has
committed or participated in any act which, if committed or done by a holder of
a license, would be grounds for the suspension or revocation of the license.

(b) Has
previously been refused a license pursuant to this chapter or has had such a
license suspended or revoked.

(c) Has
participated in any act which was a basis for the refusal or revocation of a
license pursuant to this chapter.

(d) Has
falsified any of the information submitted to the Commissioner in support of
the application for the license.

Sec.54.1.The Commissioner shall enter an order granting an
application if he finds that:

(a) The financial responsibility, experience, character and general
fitness of the applicant are such as to command the confidence of the public
and to warrant belief that the business will be operated lawfully, honestly,
fairly and efficiently;
and

(b) The
applicant has satisfied the requirements set forth in section 53.5 of this act.

2.If the
Commissioner grants an application, the Commissioner shall:

(a)File
his findings of fact together with the transcript of any hearing held pursuant
to the provisions of this chapter; and

(b)Issue
to the licensee a license in such form and size as is prescribed by the
Commissioner for each location at which the licensee proposes to do business.

3.Each
licensee shall prominently display his license at the location where he does
business. The Commissioner may issue additional licenses to the same licensee
for each branch location at which the licensee is authorized to operate under
the license, including, without limitation, each branch location where the licensee
is authorized to operate at a kiosk, through the Internet, through any
telephone, facsimile machine or other telecommunication device or through any
other machine, network, system, device or means, except that the Commissioner shall not issue any license
that would authorize the licensee to operate through any automated loan machine
prohibited by section 29 of this act. Nothing in this subsection requires a
license for any place of business devoted to accounting, recordkeeping or
administrative purposes only.

4.Each
license must:

(a)State
the address at which the business is to be conducted; and

(b)State
fully:

(1)The
name and address of the licensee;

(2)If
the licensee is a copartnership or association, the names of its members; and

(3)If
the licensee is a corporation, the date and place of its incorporation.

5.A
license is not transferable or assignable.

Sec. 55.1.A license issued pursuant to the provisions of
this chapter expires annually on the anniversary of the issuance of the
license. A licensee must renew his license on or before the date on which the
license expires by paying:

(a)A
renewal fee; and

(b)An
additional fee for each branch location at which the licensee is authorized to
operate under the license.

2.A
licensee who fails to renew his license within the time required by this
section is not licensed pursuant to the provisions of this chapter.

3.The
Commissioner may reinstate an expired license upon receipt of the renewal fee
and a fee for reinstatement.

4.The
Commissioner shall adopt regulations establishing the amount of the fees
required pursuant to this section.

Sec.56.1.A licensee shall immediately notify the Commissioner of any
change of control of the licensee.

2.A
person who acquires stock, partnership or member interests resulting in a
change of control of the licensee shall apply to the Commissioner for approval
of the transfer. The application must contain information which shows that the
requirements for obtaining a license pursuant to the provisions of this chapter
will be satisfied after the change of control. If the Commissioner determines
that those requirements will not be satisfied, he may deny the application and
forbid the applicant from participating in the business of the licensee.

3.As
used in this section, change of control means:

(a)A
transfer of voting stock, partnership or member interests which results in
giving a person, directly or indirectly, the power to direct the management and
policy of a licensee; or

(b)A
transfer of at least 25 percent of the outstanding voting stock, partnership or
member interests of the licensee.

Sec. 57.1. A licensee shall not conduct the business of making
loans under any name, at any place or by any method, including, without limitation, at a kiosk, through the Internet, through any
telephone, facsimile machine or other telecommunication device or through any
other machine, network, system, device or means, except as permitted in the
license or branch license issued to the licensee.

limitation, at a
kiosk, through the Internet, through any telephone, facsimile machine or other
telecommunication device or through any other machine, network, system, device
or means, except as permitted in the license or branch license issued to the
licensee.

2. A licensee
must obtain the approval of the Commissioner before using or changing a
business name.

3. A licensee
shall not:

(a) Use any
business name which is identical or similar to a business name used by another
licensee under this chapter or which may mislead or confuse the public.

(b) Use any
printed forms which may mislead or confuse the public.

Sec. 58.1.Except as otherwise provided in this section, a
licensee may not conduct the business of making loans within any office, suite,
room or place of business in which any other lending business is solicited or
engaged in, except an insurance agency or notary public, or in association or
conjunction with any other business, unless authority to do so is given by the
Commissioner.

2.A
licensee may conduct the business of making loans in the same office or place
of business as:

(a)A
mortgage broker if:

(1)The
licensee and the mortgage broker:

(I)Maintain
separate accounts, books and records;

(II)Are
subsidiaries of the same parent corporation; and

(III)Maintain
separate licenses; and

(2)The
mortgage broker is licensed by this State pursuant to chapter 645B of NRS and
does not receive money to acquire or repay loans or maintain trust accounts as
provided by NRS 645B.175.

(b)A
mortgage banker if:

(1)The
licensee and the mortgage banker:

(I)Maintain
separate accounts, books and records;

(II)Are
subsidiaries of the same parent corporation; and

(III)Maintain
separate licenses; and

(2)The
mortgage banker is licensed by this State pursuant to chapter 645E of NRS and,
if the mortgage banker is also licensed as a mortgage broker pursuant to
chapter 645B of NRS, does not receive money to acquire or repay loans or
maintain trust accounts as provided by NRS 645B.175.

3.If a
pawnbroker is licensed to operate a check-cashing service, deferred deposit
loan service, short-term loan service or title loan service, the pawnbroker may
operate that service at the same office or place of business from which he
conducts business as a pawnbroker pursuant to chapter 646 of NRS.

Sec. 59.1.A licensee who wishes to change the address of
an office or other place of business for which he has a license pursuant to the
provisions of this chapter must, at least 10 days before changing the address,
give written notice of the proposed change to the Commissioner.

2.Upon
receipt of the proposed change of address pursuant to subsection 1, the
Commissioner shall provide written approval of the change and the date of the
approval.

3.If a
licensee fails to provide notice as required pursuant to subsection 1, the
Commissioner may impose a fine in an amount not to exceed $500.

4.This
section applies, without limitation, to any office or other place of business
at which the licensee intends to operate a kiosk, through the Internet, through
any telephone, facsimile machine or other telecommunication device or through
any other machine, network, system, device or means, except that the licensee
shall not operate any automated loan machine prohibited by section 29 of this
act.

Sec. 60.1.Each licensee shall keep and use in his
business such books and accounting records as are in accord with generally
accepted accounting practices.

2.Each
licensee shall maintain a separate written or electronic record or ledger card
for the account of each customer and shall set forth separately the amount of
cash advance and the total amount of interest and charges, but such a record
may set forth precomputed declining balances based on the scheduled payments,
without a separation of principal and charges.

3.Each
licensee shall preserve all such books and accounting records for at least 2
years after making the final entry therein.

4.Each
licensee who operates outside this State an office or other place of business
that is licensed pursuant to provisions of this chapter shall:

(a)Make
available at a location within this State the books, accounts, papers, records
and files of the office or place of business located outside this State to the
Commissioner or a representative of the Commissioner; or

(b)Pay the
reasonable expenses for travel, meals and lodging of the Commissioner or a
representative of the Commissioner incurred during any investigation or
examination made at the office or place of business located outside this State.

Κ The licensee must be allowed to choose
between the provisions of paragraph (a) or (b) in complying with this
subsection.

5.As
used in this section, amount of cash advance means the amount of cash or its
equivalent actually received by a customer or paid out at his direction or in
his behalf.

Sec. 61.1.Except as otherwise provided in subsection 3,
an officer or employee of the Division of Financial Institutions of the
Department of Business and Industry shall not:

(a)Be
directly or indirectly interested in or act on behalf of any licensee;

(b)Receive,
directly or indirectly, any payment from any licensee;

(c)Be
indebted to any licensee;

(d)Engage
in the negotiation of loans for others with any licensee; or

(e)Obtain
credit or services from a licensee conditioned upon a fraudulent practice or
undue or unfair preference over other customers.

2.An
employee of the Division of Financial Institutions in the unclassified service
of the State shall not obtain new extensions of credit from a licensee while in
office.

3.Any
officer or employee of the Division of Financial Institutions may be indebted
to a licensee on the same terms as are available to the public generally.

4.If an
officer or employee of the Division of Financial Institutions has a service, a
preferred consideration, an interest or a relationship prohibited by this
section at the time of his appointment or employment, or obtains it during his
employment, he shall terminate it within 120 days after the date of his appointment or employment or the
discovery of the prohibited act.

after the date of his
appointment or employment or the discovery of the prohibited act.

Sec. 62.1.For the purpose of discovering violations of
this chapter or of securing information lawfully required under this chapter,
the Commissioner or his duly authorized representatives may at any time
investigate the business and examine the books, accounts, papers and records
used therein of:

(a)Any
licensee;

(b)Any
other person engaged in the business of making loans or participating in such
business as principal, agent, broker or otherwise; and

(c)Any
person who the Commissioner has reasonable cause to believe is violating or is
about to violate any provision of this chapter, whether or not the person
claims to be within the authority or beyond the scope of this chapter.

2.For
the purpose of examination, the Commissioner or his authorized representatives
shall have and be given free access to the offices and places of business, and
the files, safes and vaults of such persons.

3.For
the purposes of this section, any person who advertises for, solicits or holds
himself out as willing to make any deferred deposit loan, short-term loan or
title loan is presumed to be engaged in the business of making loans.

Sec. 63.1.The Commissioner may require the attendance of
any person and examine him under oath regarding:

(a)Any
check-cashing service or loan service regulated pursuant to the provisions of
this chapter; or

(b)The
subject matter of any audit, examination, investigation or hearing.

2.The
Commissioner may require the production of books, accounts, papers and records
for any audit, examination, investigation or hearing.

Sec. 64.1. At least once each year, the Commissioner or his
authorized representatives shall make an examination of the place of business
of each licensee and of the loans, transactions, books, accounts, papers and
records of the licensee so far as they pertain to the business for which he is
licensed pursuant to the provisions of this chapter.

2. If, after
auditing one or more branch locations of the licensee, the Commissioner or his
authorized representatives conclude that the loans, disclosures, loan
practices, computer processes, filing systems and records are identical at each
branch location, the Commissioner may make an examination of only those branch
locations he deems necessary.

Sec. 65.1.The Commissioner shall charge and collect from
each licensee a fee of $40 per hour for any supervision, audit, examination,
investigation or hearing conducted pursuant to this chapter or any regulations
adopted pursuant thereto.

2.The
Commissioner shall bill each licensee upon the completion of the activity for
the fee established pursuant to subsection 1. The licensee shall pay the fee
within 30 days after the date the bill is received. Except as otherwise
provided in this subsection, any payment received after the date due must
include a penalty of 10 percent of the fee plus an additional 1 percent of the
fee for each month, or portion of a month, that the fee is not paid. The
Commissioner may waive the penalty for good cause.

3.The
failure of a licensee to pay the fee required pursuant to subsection 1 as
provided in this section constitutes grounds for revocation of the license of
the licensee.

Sec.
65.5. In addition to any
other lawful reasons, the Commissioner may suspend or revoke a license if the
licensee has engaged in any act that would be grounds for denying a license
pursuant this chapter.

Sec. 66.If the Commissioner finds that probable cause for revocation
of any license exists and that enforcement of the provisions of this chapter
requires immediate suspension of a license pending investigation, he may, upon
5 days written notice and a hearing, enter an order suspending a license for a
period not exceeding 20 days, pending a hearing upon the revocation.

Sec. 67.1.Whenever the Commissioner has reasonable cause
to believe that any person is violating or is threatening to or intends to
violate any provision of this chapter, he may, in addition to all actions
provided for in this chapter and without prejudice thereto, enter an order
requiring the person to desist or to refrain from such violation.

2.The
Attorney General or the Commissioner may bring an action to enjoin a person
from engaging in or continuing a violation or from doing any act or acts in
furtherance thereof. In any such action, an order or judgment may be entered
awarding a preliminary or final injunction as may be deemed proper.

3.In
addition to all other means provided by law for the enforcement of a
restraining order or injunction, the court in which an action is brought may
impound, and appoint a receiver for, the property and business of the
defendant, including books, papers, documents and records pertaining thereto,
or so much thereof as the court may deem reasonably necessary to prevent
violations of this chapter through or by means of the use of property and
business. A receiver, when appointed and qualified, has such powers and duties
as to custody, collection, administration, winding up and liquidation of such
property and business as may from time to time be conferred upon him by the
court.

Sec. 68.1.If the Commissioner has reason to believe that
grounds for revocation or suspension of a license exist, he shall give 20 days
written notice to the licensee stating the contemplated action and, in general,
the grounds therefor and set a date for a hearing.

2.At the
conclusion of a hearing, the Commissioner shall:

(a)Enter a
written order either dismissing the charges, revoking the license or suspending
the license for a period of not more than 60 days, which period must include
any prior temporary suspension. The Commissioner shall send a copy of the order
to the licensee by registered or certified mail.

(b)Impose
upon the licensee a fine of $500 for each violation by the licensee of any
provision of this chapter or any regulation adopted pursuant thereto.

(c)If a
fine is imposed pursuant to this section, enter such order as is necessary to
recover the costs of the proceeding, including his investigative costs and
attorneys fees.

(b)The
licensee, either knowingly or without any exercise of due care to prevent it,
has violated any provision of this chapter or any lawful regulation adopted
pursuant thereto;

(c)The
licensee has failed to pay a tax as required pursuant to the provisions of
chapter 363A of NRS;

(d)Any
fact or condition exists which would have justified the Commissioner in denying
the licensees original application for a license pursuant to the provisions of
this chapter; or

(e)The
licensee:

(1)Failed
to open an office for the conduct of the business authorized by his license
within 180 days after the date his license was issued; or

(2)Has
failed to remain open for the conduct of the business for a period of 180 days
without good cause therefor.

4.Any
revocation or suspension applies only to the license granted to a person for
the particular office for which grounds for revocation or suspension exist.

5.An
order suspending or revoking a license becomes effective 5 days after being
entered unless the order specifies otherwise or a stay is granted.

Sec. 69.A licensee may surrender any license issued pursuant to the
provisions of this chapter by delivering it to the Commissioner with written
notice of its surrender, but a surrender does not affect his civil or criminal
liability for acts committed prior thereto.

Sec. 70.A revocation, suspension, expiration or surrender of any
license does not impair or affect the obligation of any preexisting lawful loan
agreement between the licensee and any customer. Such a loan agreement and all
lawful charges thereon may be collected by the licensee, its successors or
assigns.

Sec. 71.1.Annually, on or before April 15, each licensee
shall file with the Commissioner a report of operations of the licensed
business for the preceding calendar year.

2.The
licensee shall make the report under oath and on a form prescribed by the
Commissioner.

3.If any
person or affiliated group holds more than one license in this State, it may
file a composite annual report.

Sec. 72.1.A court of this State may exercise jurisdiction
over a party to a civil action arising under the provisions of this chapter on
any basis not inconsistent with the Constitution of the State of Nevada or the
Constitution of the United States.

2.Personal
service of summons upon a party outside this State is sufficient to confer upon
a court of this State jurisdiction over the party so served if the service is
made by delivering a copy of the summons, together with a copy of the
complaint, to the party served in the manner provided by statute or rule of
court for service upon a person of like kind within this State.

3.In
all cases of such service, the defendant has 40 days, exclusive of the day of
service, within which to answer or plead.

4.This
section provides an additional manner of serving process and does not
invalidate any other service.

Sec. 73.1.Except as otherwise provided in this section,
if a licensee willfully:

(a)Enters
into a loan agreement for an amount of interest or any other charge or fee that
violates the provisions of this chapter or any regulation adopted pursuant
thereto;

(b)Demands,
collects or receives an amount of interest or any other charge or fee that
violates the provisions of this chapter or any regulation adopted pursuant
thereto; or

(c)Commits
any other act or omission that violates the provisions of this chapter or any
regulation adopted pursuant thereto,

Κ the loan is void and the licensee
is not entitled to collect, receive or retain any principal, interest or other
charges or fees with respect to the loan.

2.The
provisions of this section do not apply if:

(a)A
licensee shows by a preponderance of the evidence that the violation was not
intentional and resulted from a bona fide error of computation, notwithstanding
the maintenance of procedures reasonably adapted to avoid that error; and

(b)Within
60 days after discovering the error, the licensee notifies the customer of the
error and makes whatever adjustments in the account are necessary to correct
the error.

Sec. 73.5. In addition to any other remedy or penalty, the Commissioner
may impose an administrative fine of not more than $10,000 upon a person who,
without a license, conducts any business or activity for which a license is
required pursuant to the provisions of this chapter.

Sec.74.1. Subject to the
affirmative defense set forth in subsection 3, in addition to any other remedy
or penalty, if a person violates any provision of section 29, 31 to 47,
inclusive, 49, 50, 57 or 58 of this act or any regulation adopted pursuant
thereto, the customer may bring a civil action against the person for any or
all of the following relief:

(a) Actual and consequential damages;

(b) Punitive damages, which are subject to the provisions of NRS
42.005;

(c) Reasonable attorneys fees and costs; and

(d) Any other legal or equitable relief that the court deems
appropriate.

2. Subject to the affirmative defense set forth in
subsection 3, in addition to any other remedy or penalty, the customer may
bring a civil action against a person pursuant to subsection 1 to recover an
additional amount, as statutory damages, which is equal to $1,000 for each
violation if the person knowingly:

(a) Operates a check-cashing service, deferred deposit
loan service, short-term loan service or title loan service without a license,
in violation of section 29 of this act;

(b) Fails to include in a loan agreement a disclosure
of the right of the customer to rescind the loan, in violation of section 31 of
this act;

(c) Violates any provision of section 33 of this act;

(d) Accepts collateral or security for a deferred
deposit loan, in violation of section 35 of this act, except that a check or
written authorization for an electronic transfer of money shall not be deemed
to be collateral or security for a deferred deposit loan;

(e) Uses or threatens to use the criminal process in
this State or any other state to collect on a loan made to the customer, in
violation of section 36 of this act;

(f) Includes in any written agreement a promise by the
customer to hold the person harmless, a confession of judgment by the customer
or an assignment or order for the payment of wages or other compensation due
the customer, in violation of section 36 of this act;

(g) Violates any provision of section 44 of this act;
or

(h) Violates any provision of section 45 of this act.

3. A person may not be held liable in any civil
action brought pursuant to this section if the person proves, by a
preponderance of evidence, that the violation:

(a) Was not intentional;

(b) Was technical in nature; and

(c) Resulted from a bona fide error, notwithstanding
the maintenance of procedures reasonably adapted to avoid any such error.

4. For the purposes of subsection 3, a bona fide
error includes, without limitation, clerical errors, calculation errors,
computer malfunction and programming errors and printing errors, except that an
error of legal judgment with respect to the persons obligations under this
chapter is not a bona fide error.

Sec. 75.NRS 598D.130 is hereby
amended to read as follows:

598D.130 A mortgage, deed of trust or other instrument
that encumbers home property as security for repayment of a home loan must
expressly indicate in writing in a
size equal to at least 14-point bold type on the front page of the
mortgage, deed of trust or other instrument that the home loan is a home loan
as defined in NRS 598D.040 [.]and is subject to the provisions of § 152 of the Home
Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the
regulations adopted by the Board of Governors of the Federal Reserve System
pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

Sec. 75.5. NRS
41.620 is hereby amended to read as follows:

41.620 1. [Any] Except as otherwise provided in section
45 of this act, any person who:

(a) Makes, utters, draws or
delivers a check or draft for the payment of money drawn upon any financial
institution or other person, when he has no account with the drawee of the
instrument or has insufficient money, property or credit with the drawee to
pay; or

(b) Uses a credit card or
debit card to obtain money, goods, property, services or anything of value,
when he knows or should have known the credit card or debit card is no longer
valid,

Κ
and who fails to pay the amount in cash to the payee, issuer or other creditor
within 30 days after a demand therefor in writing is mailed to him by certified
mail, is liable to the payee, issuer or other creditor for the amount of the
check, draft or extension of credit, and damages equal to three times the
amount of the check, draft or extension of credit, but not less than $100 nor
more than $500.

2. As used in this
section, unless the context otherwise requires:

(a) Credit card has the
meaning ascribed to it in NRS 205.630;

(b) Debit card has the
meaning ascribed to it in NRS 205.635; and

(c) Issuer has the meaning ascribed to it in NRS
205.650.

Sec. 76.NRS 232.545 is hereby
amended to read as follows:

232.545 1. An Investigative Account for Financial
Institutions is hereby created in the State General Fund. The Account consists
of money which is:

(a) Received by the Department of Business and Industry
in connection with the licensing of financial institutions and the
investigation of persons associated with those institutions; and

(b) Required by law to be placed therein.

2. The Director of the Department of Business and
Industry or his designee may authorize expenditures from the Investigative
Account to pay the expenses incurred:

(a) In investigating applications for licensing of
financial institutions and in investigating persons associated with those
institutions;

(b) In conducting special investigations relating to
financial institutions and persons associated with those institutions; and

(c) In connection with mergers, consolidations,
conversions, receiverships and liquidations of financial institutions.

3. As used in this section, financial institution means
an institution for which licensing or registration is required by the
provisions of titles 55 and 56 [and chapters 604 and 649] of NRS[.] , chapter 649 of NRS and sections 2 to
74, inclusive, of this act.

(a) An institution licensed, registered or otherwise
authorized to do business in this State pursuant to the provisions of title 55 or 56 of NRS or chapter
[604,] 645B, 645E or 649 of NRS or [title
55 or 56 of NRS,]sections 2 to 74, inclusive, of this act, or a
similar institution chartered or licensed pursuant to federal law and doing
business in this State;

(b) Any person primarily engaged in:

(1) The purchase, sale and brokerage of
securities;

(2) Originating, underwriting and distributing
issues of securities;

(3) Buying and selling commodity contracts on
either a spot or future basis for the persons own account or for the account
of others, if the person is a member or is associated with a member of a
recognized commodity exchange;

(4) Furnishing space and other facilities to
members for the purpose of buying, selling or otherwise trading in stocks,
stock options, bonds or commodity contracts;

(5) Furnishing investment information and advice
to others concerning securities on a contract or fee basis;

(6) Furnishing services to holders of or brokers
or dealers in securities or commodities;

(7) Holding or owning the securities of banks
for the sole purpose of exercising some degree of control over the activities
of the banks whose securities the person holds;

(8) Holding or owning securities of companies
other than banks, for the sole purpose of exercising some degree of control
over the activities of the companies whose securities the person holds;

(9) Issuing shares, other than unit investment
trusts and face-amount certificate companies, whose shares contain a provision
requiring redemption by the company upon request of the holder of the security;

(10) Issuing shares, other than unit investment
trusts and face-amount certificate companies, whose shares contain no provision
requiring redemption by the company upon request by the holder of the security;

(12) The management of the money of trusts and
foundations organized for religious, educational, charitable or nonprofit
research purposes;

(13) The management of the money of trusts and
foundations organized for purposes other than religious, educational,
charitable or nonprofit research;

(14) Investing in oil and gas royalties or
leases, or fractional interests therein;

(15) Owning or leasing franchises, patents and
copyrights which the person in turn licenses others to use;

(16) Closed-end investments in real estate or
related mortgage assets operating in such a manner as to meet the requirements
of the Real Estate Investment Trust Act of 1960, as amended;

(17) Investing; or

(18) Any combination of the activities described
in this paragraph,

Κ who is doing
business in this State;

(c) Any other person conducting loan or credit card
processing activities in this State; and

(d) Any other bank, bank holding company, national
bank, savings association, federal savings bank, trust company, credit union,
building and loan association, investment company, registered broker or dealer
in securities or commodities, finance company, dealer in commercial paper or
other business entity engaged in the business of lending money, providing
credit, securitizing receivables or fleet leasing, or any related business
entity, doing business in this State.

2. The term does not include a credit union organized
under the provisions of chapter 678 of NRS or the Federal Credit Union Act.

Sec. 78.NRS 645B.0119 is hereby
amended to read as follows:

645B.0119 Financial services license or registration
means any license or registration issued in this State or any other state,
district or territory of the United States that authorizes the person who holds
the license or registration to engage in any business or activity described in
the provisions of this chapter, title
55 or 56 of NRS or chapter [604,]
645, 645A, 645C, 645E or 649 of NRS or [title 55 or 56 of NRS.] sections 2 to 74, inclusive, of this
act.

Sec. 79.NRS 658.098 is hereby
amended to read as follows:

658.098 1. On a quarterly or other regular basis, the
Commissioner shall collect an assessment pursuant to this section from each:

(a) Check-cashing service or deferred deposit loan service that is supervised
pursuant to [chapter 604 of NRS;] sections 2 to 74, inclusive, of this act;

(b) Collection agency that is supervised pursuant to
chapter 649 of NRS;

(c) Bank that is supervised pursuant to chapters 657 to
668, inclusive, of NRS;

(d) Trust company that is supervised pursuant to
chapter 669 of NRS;

(e) Development corporation that is supervised pursuant
to chapter 670 of NRS;

(f) Corporation for economic revitalization and
diversification that is supervised pursuant to chapter 670A of NRS;

(g) Person engaged in the business of selling or
issuing checks or of receiving for transmission or transmitting money or
credits that is supervised pursuant to chapter 671 of NRS;

(h) Savings and loan association that is supervised
pursuant to chapter 673 of NRS;

(i) Person engaged in the business of lending that is
supervised pursuant to chapter 675 of NRS;

(j) Person engaged in the business of debt adjusting
that is supervised pursuant to chapter 676 of NRS;

(k) Thrift company that is supervised pursuant to
chapter 677 of NRS; and

(l) Credit union that is supervised pursuant to chapter
678 of NRS.

2. The Commissioner shall determine the total amount
of all assessments to be collected from the entities identified in subsection
1, but that amount must not exceed the amount necessary to recover the cost of
legal services provided by the Attorney General to the Commissioner and to the
Division of Financial Institutions. The total amount of all assessments
collected must be reduced by any amounts collected by the Commissioner from an
entity for the recovery of the costs of legal services provided by the Attorney
General in a specific case.

3. The Commissioner shall collect from each entity
identified in subsection 1 an assessment that is based on:

(a) A portion of the total amount of all assessments as
determined pursuant to subsection 2, such that the assessment collected from an
entity identified in subsection 1 shall bear the same relation to the total
amount of all assessments as the total assets of that entity bear to the total
of all assets of all entities identified in subsection 1; or

(b) Any other reasonable basis adopted by the
Commissioner.

4. The assessment required by this section is in
addition to any other assessment, fee or cost required by law to be paid by an
entity identified in subsection 1.

5. Money collected by the Commissioner pursuant to this section
must be deposited in the State Treasury pursuant to the provisions of NRS
658.091.

Sec. 80.NRS 675.040 is hereby
amended to read as follows:

675.040 This chapter does not apply to:

1. A person doing business under the authority of any
law of this State or of the United States relating to banks, savings banks,
trust companies, savings and loan associations, credit unions, development
corporations, mortgage brokers, mortgage bankers, thrift companies, pawnbrokers
or insurance companies.

2. A real estate investment trust, as defined in 26
U.S.C. § 856.

3. An employee benefit plan, as defined in 29 U.S.C. §
1002(3), if the loan is made directly from money in the plan by the plans
trustee.

4. An attorney at law rendering services in the performance
of his duties as an attorney at law if the loan is secured by real property.

5. A real estate broker rendering services in the
performance of his duties as a real estate broker if the loan is secured by
real property.

6. Except as otherwise provided in this subsection,
any firm or corporation:

(a) Whose principal purpose or activity is lending
money on real property which is secured by a mortgage;

(b) Approved by the Federal National Mortgage
Association as a seller or servicer; and

(c) Approved by the Department of Housing and Urban
Development and the Department of Veterans Affairs.

7. A person who provides money for investment in loans
secured by a lien on real property, on his own account.

8. A seller of real property who offers credit secured
by a mortgage of the property sold.

9. A person holding a nonrestricted state gaming
license issued pursuant to the provisions of chapter 463 of NRS.

10.A
person licensed to do business pursuant to sections 2 to 74, inclusive, of this
act with regard to those services regulated pursuant to sections 2 to 74,
inclusive, of this act.

Sec. 81.NRS 675.060 is hereby
amended to read as follows:

675.060 1. No person may engage in the business of
lending in this State without first having obtained a license from the
Commissioner pursuant to this
chapter for each office or other place of business at which the
person engages in such business [.] , except that if a person intends to engage in the business
of lending in this State as a deferred deposit loan service, short-term loan
service or title loan service, as those terms are defined in sections 2 to 74,
inclusive, of this act, the person must obtain a license from the Commissioner
pursuant to sections 2 to 74, inclusive, of this act before the person may
engage in any such business.

2. For the purpose of this section, a person engages
in the business of lending in this State if he:

(a) Solicits loans in this State or makes loans to
persons in this State, unless these are isolated, incidental or occasional
transactions; or

(b) Is located in this State and solicits loans outside of
this State or makes loans to persons located outside of this State, unless
these are isolated, incidental or occasional transactions.

(a) On July 1, 2005, holds
a valid certificate of registration or license that was issued by the
Commissioner of Financial Institutions pursuant to chapter 604 or 675 of NRS
before July 1, 2005; and

(b) Operates a
check-cashing service, deferred deposit loan service, short-term loan service
or title loan service, as those terms are defined in the provisions of sections
2 to 74, inclusive, of this act,

Κ
the persons certificate of registration or license shall be deemed to be a
license issued by the Commissioner of Financial Institutions pursuant to the
provisions of sections 2 to 74, inclusive, of this act until the date on which
the person would have been required to renew his certificate of registration or
license pursuant to chapter 604 or 675 of NRS.

2. Except as otherwise
provided in subsections 3 and 4, a person described in subsection 1 shall:

(a) On and after July 1,
2005, comply with all provisions of sections 2 to 74, inclusive, of this act
relating to transactions with customers, including, without limitation, all
provisions relating to loans, extensions, repayment plans, interest, fees,
charges and collections; and